Short answer: probate in Hong Kong is handled by the Probate Registry of the High Court. If the deceased left a valid will naming an executor who is willing to act, the application is for a Grant of Probate. If there is no will, it is for Letters of Administration. If there is a will but no executor able or willing to act, it is for Letters of Administration with Will annexed. The Hong Kong court's probate jurisdiction covers Hong Kong assets only; Mainland property and deposits are dealt with under Mainland procedures, not in the same application. This page explains the three grants, the order of steps, the usual stalls for Mainland heirs, and how the two tracks fit together.
1. Three different grants
A grant is not a notarial certificate. It is an order of the High Court confirming who may administer the Hong Kong estate.
- Grant of Probate: where there is a valid will and the named executor is willing to act. The executor administers the estate according to the will.
- Letters of Administration: where there is no will. The administrator is chosen under the law, in the statutory order of priority.
- Letters of Administration with Will annexed: where there is a will but no executor able or willing to act, or the will does not appoint one.
All three go through the Probate Registry. The difference is who acts and on what basis the estate is distributed, so the correct type has to be identified before the papers are prepared.
2. Hong Kong jurisdiction covers Hong Kong assets only
The probate jurisdiction of the Hong Kong court covers assets situated in Hong Kong. Mainland property, bank deposits and shares are outside that grant and must be dealt with under Mainland law and Mainland procedures. A Mainland notarial certificate of inheritance does not replace a Hong Kong grant, and a Hong Kong grant does not replace the Mainland procedure.
For cross-border families the practical consequence is simple: split the asset list by location first, then confirm the receiving body and its document list for each track. One set of papers is not good for both.
3. The usual order of an application
- Confirm the will and the executor. If there is a will, check its validity, whether it appoints an executor and whether that executor will act. If there is no will, establish who has priority to apply under the law.
- List the Hong Kong assets. Hong Kong property, bank accounts, shares and funds. Mainland and other overseas assets do not go into this list.
- Prepare the specified forms and evidence of entitlement. Complete the specified forms required by the Probate Registry and file the documents that prove the applicant's right to the grant. The current forms and checklist are published by the Registry.
- File and answer requisitions. Non-contentious applications are processed by the Registrar of the High Court; the Probate Registry reviews the papers and may raise requisitions for further evidence.
- Use the grant. With the grant, the personal representative deals with the Hong Kong bank, share registrar or property. Each institution still applies its own intake list.
Where the applicant lives in the Mainland, identity documents, proof of kinship, the form of the will and translation usually need attention. Whether a Mainland document needs notarisation or onward transmission depends on what the Hong Kong receiving body asks for; do not assume the two sides accept each other's papers.
4. Four common stalls for Mainland heirs
- Putting Mainland assets into the Hong Kong application. The Hong Kong grant covers Hong Kong assets only; the Mainland assets need a separate Mainland procedure.
- Not checking the will and the executor first. The form of the will, the date of signing, the witnesses and the executor's willingness all decide which grant applies.
- Kinship evidence that does not match. Differences in names and dates between the Mainland household records, birth and marriage certificates and foreign identity documents are the most common reason for a requisition.
- Assuming a Hong Kong grant works in the Mainland. It does not replace a Mainland inheritance notarisation, registration or court process, and the reverse is also true.
5. How the two tracks fit together
Where assets sit in both places, split the file at the asset-list stage. The Hong Kong track confirms the type of grant, the applicant and the Hong Kong assets. The Mainland track confirms the order of succession, registration of title and the later sale or remittance. Some identity and kinship papers can be prepared once, but originals, translations and authentication are usually produced per track.
Mainland property is dealt with under Mainland law; Hong Kong estate administration follows Hong Kong law and the High Court procedure. Only when both tracks are complete does it make sense to talk about sale, tax clearance and remittance.
On the Mainland side, Article 1122 of the Civil Code of the PRC defines the estate and Article 1127 sets the order of statutory heirs; where immovable property is involved, Article 31 of the Law of the PRC on the Application of Laws to Foreign-Related Civil Relations applies the law of the place where the property is situated. On the Hong Kong side, the grant is governed by the Probate and Administration Ordinance (Cap. 10) and the Non-Contentious Probate Rules (Cap. 10A).
Frequently asked questions
Q: If there is a will, is a Grant of Probate automatic?
A: No. The will has to be valid and must appoint an executor who is able and willing to act. If there is no such executor, the application may be for Letters of Administration with Will annexed.
Q: Can a Hong Kong grant be used to deal with Mainland assets?
A: Generally no. The Hong Kong grant covers Hong Kong assets only. Mainland property and deposits follow the Mainland procedure, and the two sets of papers do not normally replace each other.
Q: Can a Mainland heir apply to the Hong Kong Probate Registry personally?
A: A non-contentious application may be made in person or through an agent, but the documents, will formalities and identity evidence are detailed. Whether it is sensible to apply without a Hong Kong solicitor depends on the file; contested or complex estates usually need one.
Q: Is there inheritance tax in Hong Kong?
A: Hong Kong does not currently levy an inheritance tax. Probate, legal, translation and authentication costs still arise; the current fees of the bodies handling the file govern.
This page is general information, not legal advice, and does not promise an outcome or a timeline. The Probate Registry and the receiving institutions decide what they will accept.
Sources: Hong Kong Judiciary: Probate Registry guide; Hong Kong Home Affairs Department: estates. Verified as of 2026-11-01; forms and procedures change, so confirm the current position with the official source.
Contact: +86 173 2109 9752 (phone and WeChat) · zhaohaiying@lantai.cn · Lantai (Shanghai) Law Firm · zhaohaiyinglvshi.com
Related: Why Hong Kong and Mainland estates run on two tracks · Documents needed to inherit China property · Inheritance POA and Apostille