Who inherits without a will in China?
In China the spouse, the children and the parents are the first order of heirs and inherit in equal shares in principle.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
The spouse, the children and the parents are the first order and in principle share equally, though the court can give more to an heir who cared for the deceased or is in need.
A spouse survives, but no children
The spouse is in the first order. With no children and no parents the spouse takes everything. Siblings and grandparents (the second order) inherit only if there is no first-order heir.
No spouse: who comes next
Two orders: first, the children and the parents; second, the siblings and grandparents. A grandchild can take the place of a dead parent. If none, the estate goes to the state or the collective of the village.
A partner who is not married
An unmarried partner has no right to inherit without a will, but a widowed son- or daughter-in-law who cared for the deceased parent-in-law is a first-order heir.
What a will cannot take away
Heirs who cannot work and have no income must be given a necessary share, whatever the will says.
If the person or the property is abroad
The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.
Understand the legal system first
China belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.
Read the China legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in China? →
Official sources
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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
