[Direct answer]In the Beijing area, the applicable law is determined first according to the connecting point, and then the procedures are followed in accordance with the laws of the country where the property is located—the legal application rules for foreign-related inheritance: real estate is subject to the laws of the country where the real estate is located; movable property is subject to the laws of the country where the decedent's habitual residence was located at the time of death. That is to say, foreign houses are inherited according to the laws of the country where the house is located, and movable property such as deposits and stocks is inherited according to the laws of the country where the decedent's habitual residence was located (mostly China). In terms of procedures, the two lines run in parallel: Chinese inheritance rights certificates (notarization or judgments) need to be translated, notarized, and accompanied by certificates (Hague Apostille) or consular authentication before being used abroad; for large amounts and complex procedures, it usually requires the cooperation of foreign lawyers.

I. Problem background and typical scenarios

A family member who had been working and living abroad for many years suddenly passed away, leaving behind local real estate, bank deposits, insurance payments, and pension accounts. The relatives in China went to the bank with the household registration booklet and asked, "How can we withdraw Dad's deposits?" They were told they needed a certificate of inheritance. What's more troublesome is that there was a cohabiting partner or a remarried spouse in the local area, making the inheritance relationship an instant cross-border puzzle.

II. Key points of contention

First, the rules for determining the applicable law. Second, the cross-border use of Chinese inheritance documents. Third, the identification and procedures for overseas assets. Fourth, the impact of identity and marital status on inheritance.

III. Professional analysis by Henglue Lawyers

The first layer is the applicable law, which serves as the first dividing line: The law governing foreign-related civil relations divides inheritance into two categories—real estate inheritance, which applies the law of the real estate location (foreign houses may follow local inheritance laws involving spousal shares and mandatory shares); and movable property inheritance, which applies the law of the decedent's habitual residence at the time of death. For Chinese citizens who have long resided in China, movable property such as deposits is handled according to Chinese inheritance rules (testamentary validity and statutory succession follow the Civil Code); while for those with habitual residence abroad, local laws may also apply. This directly impacts the validity of wills, which must be drafted in accordance with the law of the habitual residence. The second layer concerns the cross-border circulation of Chinese documents: Domestic inheritance notarizations and court judgments must be used by foreign banks and land registration authorities, typically requiring a three-step process of "translation + notarization + authentication." Hague Convention member states follow additional certification procedures for efficiency, while non-members use consular authentication. Different institutions have varying requirements for document validity and lists—check with overseas lawyers or receiving authorities in advance to avoid duplication. Matters involving Hong Kong and Macau follow local arrangements, and Taiwan has dedicated procedures. The third layer focuses on identifying and disposing of overseas assets: - For deposits: Present inheritance documents directly to local banks or follow simplified procedures (many countries have small-value inheritance declaration systems allowing quick withdrawal below threshold amounts). - For real estate: Mandatory registration in the host country (through local lawyers for will certification or statutory succession registration). Chinese court judgments cannot directly alter foreign property registrations but can serve as ownership evidence in local proceedings. - For insurance and pensions: Follow insurance contracts and local beneficiary rules. Designated beneficiary payouts do not count as inheritance. - Tax compliance: Some countries impose inheritance or stamp duties on non-residents. Cross-border transfers require foreign exchange declarations, necessitating early planning for tax and foreign exchange compliance. The fourth layer addresses identity relationships: - The decedent's marital status determines primary heirs: recognition of domestic marriages vs. foreign de facto or registered marriages, balancing interests of remarried spouses and children from previous marriages, and confirming paternity of illegitimate children (potentially requiring cross-border DNA testing). - For overseas assets claimed by local cohabitants, spousal or partner rights under applicable law (e.g., de facto partner inheritance rights in some countries) may dilute Chinese relatives' shares. Early engagement of bilingual legal teams is crucial for comprehensive assessment. - The optimal practice typically involves "defining inheritance rights frameworks in China and implementing asset procedures by foreign lawyers," with mutual support between documents.

IV. Practical suggestions and legal basis

The first step is to sort out the inheritance list (types, countries where the assets are located, and ownership certificates) and the deceased's habitual residence. The second step is to determine the applicable law and inheritance scheme for various types of assets based on connecting factors. The third step is to handle the notarization and authentication of Chinese inheritance documents or obtain additional certificates. The fourth step is to entrust local lawyers to handle overseas real estate and complex assets, while conducting tax and foreign exchange compliance assessments simultaneously. The main legal basis includes: Articles 31, 32, and 33 of the Law of the People's Republic of China on the Application of Law to Foreign-related Civil Relations, relevant provisions of the Inheritance Chapter of the Civil Code of the People's Republic of China, the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, and consular authentication rules. The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points regarding foreign-related inheritance: real estate is governed by the law of the place where it is located, and movable property is governed by the law of the place where it is habitually resident. If the applicable law is incorrect, the entire case will be decided against the party in question. Chinese inheritance documents must be certified when exported, and Hague member states require additional certificates. Foreign-owned property must follow local procedures, and Chinese judgments are only used as evidence of ownership. For matters involving foreign-related inheritance and cross-border assets, you can seek assistance through the following channels:\nInheritance of property and division of family assetsThe service provides a comprehensive solution that integrates cross-border funds and compliance requirements.\nFinancial capital and cross-border transactions involving foreign entities.For cases involving family identity disputes, you can refer to the relevant provisions in the Civil Code of the People's Republic of China.Divorce litigation and family disputesFor any questions regarding difficult situations, please feel free to consult us through this columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Are foreign houses subject to Chinese inheritance law?

No; the inheritance of real estate is governed by the laws of the place where the real estate is located.

Q2: According to which country's law are overseas deposits inherited?

The succession shall be governed by the law of the habitual residence of the decedent at the time of his/her death; and for those who have settled in China, the matter shall be handled in accordance with the rules of the Civil Code.

Q3: What should I do if I need to use the inheritance notarization certificate abroad?

After translation and notarization, additional certificates or consular authentication should be obtained and implemented in accordance with the requirements of the receiving country.

Q4: Can Chinese courts directly transfer ownership of overseas properties?

It cannot be registered directly, but it can be used as proof of ownership in the local inheritance registration process.

Q5: Do I need to pay inheritance tax when inheriting foreign assets?

Depending on the tax system of the country where the property is located, some countries impose taxes on non-resident inheritances. Therefore, it is necessary to conduct a tax assessment in advance.

This case is handled by Beijing Henglu Law FirmChen Mei'aoThe attorney (practice certificate number: 11101201911105336, subject to the document issued by the judicial administrative organ) acts as the agent.

The above answer is based on the judicial practice in Beijing. The adjudicative standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance succession·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.