Wang and her two brothers live in the United States, Canada, and Australia. Their father passed away in China and left an apartment in Shanghai and a bank deposit. They could not agree on how to divide the estate or whether to sell the property. Such disputes do not always end in litigation. Start with inheritance rights, shares, and procedure, then decide between negotiation, mediation, or court.
1. Negotiate first, litigate only if needed
When heirs disagree, a lawsuit is not always the first step. They can negotiate the division, then use mediation through a people's mediation committee, and file a succession lawsuit only if mediation fails. Before emotions take over, the first task is to identify who inherits and what share each person should receive.
2. Confirm the succession order and applicable law
Article 1123 of the Civil Code of the People's Republic of China provides that succession follows statutory rules unless a will or legacy-support agreement exists. Article 1127 sets out the statutory order: the first order is spouse, children, and parents; the second order is siblings, grandparents, and maternal grandparents. If any first-order heir exists, the second order does not inherit.
Overseas succession also raises a question about which law applies. Under Article 31 of the Law of the People's Republic of China on Application of Laws to Foreign-Related Civil Relations, statutory succession follows the law of the decedent's habitual residence at death, except that succession to immovable property follows the law of the place where the property is located. Real estate in China is therefore usually handled under Chinese law, while deposits and stocks require a closer look at the decedent's habitual residence.
Sources: National Database of Laws and Regulations: Civil Code of the PRC; National Database of Laws and Regulations: Law on Application of Laws to Foreign-Related Civil Relations.
3. Statutory shares are not always equal
Many people assume that statutory heirs must split the estate equally. Article 1130 of the Civil Code says shares among heirs of the same order are generally equal, with exceptions. Heirs who have special financial difficulties and cannot work should receive appropriate consideration. Heirs who gave the decedent main support or lived with the decedent may receive more. Heirs who had the ability and conditions to support the decedent but did not may receive less or nothing. If the heirs agree, the shares may also be unequal.
So the discussion cannot stop at the number of heirs. The actual support each heir provided and each heir's circumstances matter in both negotiation and litigation.
4. Choose between negotiation, mediation, and litigation
Article 1132 of the Civil Code requires heirs to negotiate in a spirit of mutual understanding and harmony. If they cannot reach agreement, they may ask a people's mediation committee to mediate or file a lawsuit in court. Under Article 1124, an heir who wants to give up inheritance should make a written statement before the estate is disposed of; without it, the heir is treated as accepting the inheritance.
In litigation, the court will examine the validity of any will, family relationships, authentication of foreign documents, the scope of the estate, and the support provided by each heir. Documents issued abroad usually need notarization and authentication. Since November 7, 2023, China applies the Apostille Convention, so documents from member states generally need an Apostille. Cases involving more than one jurisdiction should sort out document formalities and applicable law before formal proceedings begin. Legal references verified as of 2026-08-24.
Frequently Asked Questions
Q: Do heirs have to file a lawsuit when they disagree?
A: Not necessarily. They can negotiate first, then use mediation, and file a succession lawsuit only if mediation fails.
Q: Which law applies when overseas heirs disagree?
A: Chinese real estate is inherited under Chinese law. For movable assets such as deposits and stocks, statutory succession generally follows the law of the decedent's habitual residence at death.
Q: Are statutory inheritance shares always equal?
A: Shares are usually equal, but exceptions exist. Heirs with special difficulties and no ability to work should be favored, heirs who gave major support or lived with the decedent may receive more, and heirs who could support the decedent but did not may receive less or nothing.
Q: When must an heir give up inheritance?
A: The heir should make a written statement giving up inheritance before the estate is disposed of. Without such a statement, the heir is treated as accepting the inheritance.
Disclaimer: This article is general legal information, not specific legal advice. Every case is different. Please rely on current law and the requirements of the relevant court or institution for your situation.