Make a China will · Inherit after death · Hub.
A foreign will does not automatically cover a China apartment the way heirs expect. Immovables in China are governed by Chinese succession rules (conflict statute Art. 31). Arts. 32–33 may save the form of a will made abroad, but a notary or court still has to issue a China instrument before the register moves. A home-court grant of probate is evidence, not a 不动产权证. If the foreign will cannot be used, China intestacy (spouse + children + parents sharing) may apply to the flat. The healthy-owner fix is a China-facing notarial will.
At a glance
| Question | Short answer |
|---|---|
| Does my US will cover the Shenzhen flat? | Not as a filing document. China process still required. |
| Can the form be valid? | Often yes under Arts. 32–33 if residence/nationality/execution tests are met. |
| Will the notary apply foreign law? | Many will not — the file goes to court. |
| What if the will fails locally? | Intestacy on the China land. First-order heirs share. |
| Home probate grant enough? | No. It does not retitle China real estate. |
Scope and legal framework
Application of Laws to Foreign-Related Civil Relations Art. 31. Statutory succession: immovables follow the law of the place of the property; movables follow the deceased’s habitual residence at death.
Same statute Arts. 32 and 33. Will form may be valid under habitual-residence, nationality or execution-place law. Effect follows habitual-residence or national law at making or death. Neither article prints a new China deed.
Civil Code Book VI. If the foreign will is not given effect here, statutory heirs (Art. 1127) take. A later China will can avoid that fight — see the making-will page.
Practical workflow
- While alive: execute a China-facing will for Mainland assets; align revocation language.
- After death: Apostille the foreign will and death papers; commission a Chinese translation.
- Ask the local notary whether they will run the file. If they refuse foreign law, budget a court case.
- Then follow inherit-property for title and SAFE for money out.
Common mistakes
- Assuming one English will does both countries.
- A later US restatement that revokes all prior wills.
- Showing up at the registry with a foreign grant only.
Action checklist
- List China immovables separately from foreign assets.
- If you are healthy, book a China notarial will.
- If death has occurred, Apostille + translate before the notary appointment.
- Do not promise heirs a 30-day title transfer on a foreign will alone.
Find a China succession lawyer
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Attribution
Reviewed by Charlotte Whitmore, solicitor at Willowfield Solicitors, London. Focuses on cross-border private wealth, wills, probate, trusts, and inheritance tax for international families. View directory profile →
Review tier: Reviewed by — accuracy review of drafts (succession procedure orientation, Apostille formalities, multi-country estate/tax framing, and SAFE repatriation description as general information). Content remains general orientation — not legal advice for a specific estate, and no attorney–client relationship is created by reading these pages.
How to use this guide
Primary sources for this page (editorial source-check 2026-09-19): PRC Civil Code. Prefer the current official Chinese text of each instrument over secondary commentary. Confirm current rules with qualified counsel. This page is not legal advice.
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Review the Editorial Policy, AI Content Policy, and Lawyer Verification Policy.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Submit an initial enquiry.
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
My home probate court already issued a grant—can I use it in China?
As evidence, sometimes. As a deed, no.
What if only part of the estate is in China?
Split the plan: China instrument for China assets; the foreign will for the rest. Watch revocation clauses.
Preparation is in this guide
Use the preparation section above before contacting counsel. It is specific to this topic.
Topic counsel
Counsel shortlist for this guide
Profiles matched by practice to this topic. A shortlist for consultation — not an endorsement of any filing, clearance or legal outcome.
Practice-matchedVerified status shown per profileFree initial consultation
Charlotte Whitmore
Willowfield Solicitors · London · Focus: Wills and Succession · Languages: English
Ping Zhang
VerifiedBeijing Mingji Law Firm · Chaoyang · Languages: Mandarin Chinese, English
Wei Chen
VerifiedBeijing Zhonglun Law Firm · Beijing · Languages: English, Mandarin Chinese
Ling Zhao
VerifiedShanghai AllBright Law Offices · Shanghai · Languages: English, Mandarin Chinese
Lawyer profiles
China-based listings shown first. Review profiles for the subject of this guide, then submit an initial enquiry.
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Charlotte Whitmore
London private client solicitor advising on wills, probate, trusts and inheritance tax for cross-border families.