Procedures for foreign children to inherit domestic real estate

If the heir is abroad, he may entrust others to inherit the house. It is best to go to the notary office for inheritance notarization before inheritance, and then go to the housing management for inheritance transfer registration. Property rights acquired through inheritance shall take effect from the beginning of inheritance. Foreign children can inherit their parents' inheritance in China. Foreigners can inherit domestic real estate as long as it is the legal property of the decedent. Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.

There are three main steps for children to inherit their parents' property:

1. A judge who has the right to inherit property. Property inheritance can be divided into legal inheritance and testamentary inheritance. If the decedent has a will, he shall first confirm the heir to the property according to the contents of the will; If not, the heirs can be directly determined according to the rules of legal succession, and the legal first-order heirs are: parents, spouses and children; The second order heirs are: brothers and sisters, grandparents and grandparents;

2, determine the share of each heir division. If the decedent has a will, it shall be determined according to its contents; If there is no will, it shall be determined according to legal inheritance, and generally all heirs have the same share of inheritance;

3. Go through the formalities of property transfer. The required materials include, but are not limited to, the decedent's death certificate, kinship certificate, and the identity documents of each heir. After the above materials are prepared, all the heirs of the real estate shall apply to the housing management exchange where the real estate is located for the transfer of the real estate, and carry out four steps: housing evaluation, inheritance notarization, housing mapping and inheritance registration, before they can receive the new real estate license.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 123

After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.

Article 127

Inheritance is carried out in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and grandparents.

After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.

Applicable Law of People's Republic of China (PRC) on Foreign-related Civil Relations

Article 31

Legal inheritance applies to the law of the decedent's habitual residence at the time of his death, but legal inheritance of real estate applies to the law of the place where the real estate is located.

Article 32

A will is established if the method of will conforms to the laws of the testator's habitual residence at the time of making the will or at the time of his death, the laws of the country of nationality or the laws of the place where the will is performed.

Article 33

The validity of a will shall be governed by the laws of the testator's habitual residence at the time of making the will or at the time of his death or the laws of the country of nationality.

People's Republic of China (PRC) Civil Code

Article 122

Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.