What Are Statutory Heirs in China? Who Inherits, and in What Order?
Statutory heirs in China are the relatives who inherit under the Civil Code when no valid will deals with the property, ranked in a first order and a second order. The first order is the spouse, the children and the parents; the second is brothers and sisters and grandparents on both sides (Civil Code art. 1127). The second order inherits only if no one in the first order inherits, and heirs in the same order usually take equal shares (arts. 1127 and 1130). Grandchildren, nieces and nephews inherit only in place of a parent who died before the deceased (art. 1128).
In Chinese: 法定继承人 (fǎdìng jìchéngrén). The order of inheritance is 继承顺序 (jìchéng shùnxù). Documents from mainland China use these simplified characters.
Who is in the first order?
The first order is the spouse, the children and the parents of the person who died (Civil Code art. 1127). Children from every marriage count, including children born outside marriage. If a man dies while his mother is alive, she inherits alongside his wife and children.
"Children" also covers adopted children and stepchildren who had a supporting relationship with the deceased, for example a stepchild the deceased raised (art. 1127). A stepchild who inherits from a stepparent can still inherit from a birth parent (Supreme People's Court Interpretation (I) on the Inheritance Book of the Civil Code, "Interpretation (I)", art. 11). For an adopted child, adoption ends the legal ties with the birth parents (Civil Code art. 1111).
A widowed daughter-in-law or son-in-law who gave the main support to a parent-in-law also inherits in the first order (art. 1129).
Living abroad does not move an heir out of the order. Chinese law decides who inherits a home or land in China; bank deposits and other movables follow the law of the deceased's habitual residence at death (Law on the Application of Law to Foreign-Related Civil Relations art. 31); see how to inherit property in China when you live abroad.
When does the second order inherit?
The second order inherits only when no first-order heir inherits (Civil Code art. 1127). That means no spouse, child or parent survives, or each has given up in writing (art. 1124) or lost the right (art. 1125).
A grandchild who steps in for a parent who died first keeps the estate in the first order (art. 1128). The usual second-order case is a person who dies unmarried and childless, after both parents. The brothers and sisters inherit, half-siblings included, and a sibling who died earlier is replaced by their children; see inheritance by representation.
Who is not a statutory heir?
Grandchildren, nieces, nephews, aunts, uncles, cousins, unmarried partners and in-laws are not statutory heirs, apart from the widowed in-law above (Civil Code arts. 1127 and 1129). Someone who depended on the deceased, or gave the deceased a lot of support, can still be given an appropriate share (art. 1131); see inheritance disputes in China.
How is a statutory heir different from an heir under a will, or a legatee?
A statutory heir inherits because the law names them. An heir under a will is a statutory heir the will chooses, and a legatee is anyone else the will leaves property to (Civil Code art. 1133). A will comes before the statutory order (art. 1123), and property the will fails to pass goes to the statutory heirs (art. 1154). See wills for property in China.
Even with a will, a notary office handling the inheritance asks for the details of every statutory heir and proof of each one's relationship to the deceased (China Notary Association, Guidance on Inheritance Notarisation, art. 3(3)).
Quick reference: which relatives are statutory heirs?
| Relative of the deceased | Statutory heir? | Basis |
|---|---|---|
| Husband or wife | First order | Civil Code art. 1127 |
| Children: born in or outside marriage, adopted, or stepchildren with a supporting relationship | First order | art. 1127 |
| Parents: birth, adoptive, or stepparents with a supporting relationship | First order | art. 1127 |
| Widowed daughter-in-law or son-in-law who gave the main support | First order | art. 1129 |
| Brothers and sisters: full, half, adoptive, or stepsiblings with a supporting relationship | Second order | art. 1127; Interpretation (I) arts. 12 and 13 |
| Grandparents on both sides | Second order | art. 1127 |
| Grandchildren, nieces and nephews | Only in place of a parent who died first | art. 1128 |
| Aunts, uncles, cousins, unmarried partners | No | art. 1127 |
Questions families ask
Does a former husband or wife inherit?
A former husband or wife is not a statutory heir, because the marriage ends when the divorce is registered or the divorce judgment or mediation document takes effect (Civil Code art. 1080). Children of that marriage remain first-order heirs (arts. 1084 and 1127). A divorce granted outside mainland China counts there only once a mainland court recognises it; see recognising a foreign divorce in China.
What about a baby born after the death?
A child conceived before the death can inherit, and a share is kept back for the child at the division. If the child is stillborn, that share goes to the statutory heirs (Civil Code arts. 16 and 1155).
If you are not sure who belongs on the list, send a few lines about the family, with the names of the other heirs and the country each lives in. A conflict check comes first. Inheritance services and fees are listed on the services page.
Related reading
- Inheriting Property in China From Abroad: Steps and Fees
- Give Up an Inheritance in China From Abroad: How to Sign
Sources
- Civil Code of the PRC (民法典), arts. 16, 1080, 1084, 1111, 1123, 1124, 1125, 1127, 1128, 1129, 1130, 1131, 1133, 1154 and 1155.
- Supreme People's Court, Interpretation (I) on the Application of the Inheritance Book of the Civil Code (法释〔2020〕23号), arts. 11, 12 and 13.
- Law of the PRC on the Application of Law to Foreign-Related Civil Relations, art. 31.
- China Notary Association, Guidance on Inheritance Notarisation (2009), art. 3(3).
Translations of Chinese law on this page are unofficial.