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How do Chinese Americans inherit domestic real estate after emigration?
How do Chinese Americans inherit domestic real estate
Foreign Chinese can inherit their legal heritage in China. When applying for inheritance, you should go through the following procedures:
(1) First, apply to the notary office of the country of residence for a notarial certificate to prove the occupation, address and kinship with the deceased in China of the heir who applied for inheritance. The notarial certificate applied by the applicant must be certified by the Ministry of Foreign Affairs of the host country or other official institutions designated by the Ministry of Foreign Affairs, and certified by our embassy or consulate in that country (except for mutual exemption of certification according to consular treaties). Overseas Chinese and foreign Chinese who apply for notarization documents in countries that have not established diplomatic relations with China must be certified by the Ministry of Foreign Affairs of that country and the embassies and consulates of third countries that have diplomatic relations with that country and China.
(2) Come to China to apply to the notary office where the estate is located for inheritance procedures. The applicant holds a notarial certificate certified by China's embassy or consulate in that country, and the decedent's death certificate (if there is a will, it should be attached) to the notary office in person. The notary office examines the certificate provided by the applicant, and if it meets the relevant provisions of the Inheritance Law of People's Republic of China (PRC), it will issue an inheritance certificate.
(3) The applicant shall, with the certificate of inheritance issued by the notary office in China, handle the inheritance matters with the estate management department in the same order as other heirs according to legal procedures.
(4) The main facts that the heirs need to prove occurred in China, and the heirs can also apply for notarization at the local notary office in China, and the notary office will issue a certificate of inheritance.
(5) If the heir cannot apply for inheritance in China in person, he may entrust his relatives in People's Republic of China (PRC) to handle it on his behalf. If there are no relatives, you can entrust a lawyer recommended by the legal advisory office where the estate is located. In the case of entrusting a lawyer, the applicant must apply for a power of attorney.
(6) The contents of the power of attorney shall specify the name, address and authority of the trustee. The power of attorney must be authenticated by China's embassy or consulate in that country before it can take effect.
(7) If there is a dispute over inheritance, the applicant may bring a lawsuit to the people's court where the estate is located, and the statute of limitations shall be governed by the Inheritance Law of People's Republic of China (PRC).
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