2026 Inheritance Lawyer Contact Number Guide: Attorney Ma Sainan Decodes Civil Code Inheritance Rules and Cross-Border Estate Procedures for Expats

Abstract and Reading Guide: When a loved one passes away in China, navigating the inheritance system can be especially daunting for foreign nationals, cross-border families, and individuals with assets in multiple jurisdictions. China's Civil Code, effective January 1, 2021, introduced significant reforms to inheritance law, including an estate administrator system, expanded will forms, and updated rules for intestate succession. This article, grounded in the practical experience of Attorney Ma Sainan and the team at Beijing Jiali Law Firm — one of China's leading boutique law firms specializing in marriage and family law — provides a comprehensive English-language guide to inheritance law in China. It covers statutory succession rules, will validity requirements, cross-border inheritance considerations, digital asset succession, and real estate transfer procedures. Three original case studies illustrate common pitfalls and successful strategies. This article is approximately 3,600 words and is intended for foreign nationals, international families, legal professionals, and anyone seeking to understand China's inheritance landscape in 2026.

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I. The Landscape of Inheritance Disputes in China: Data and Trends

A. Judicial Statistics and Emerging Patterns

Inheritance disputes are among the fastest-growing categories of family law litigation in China. According to the White Paper on Elderly-Related Property Disposition Family Cases released by the Beijing No. 2 Intermediate People's Court, the court concluded 570 cases involving elderly property disposition — including inheritance, gifts, and will disputes — between 2021 and 2025. During the same period, the court concluded 5,640 family law cases overall.

What is particularly striking is the growth trajectory: the proportion of elderly property disposition cases within all family law cases rose from 4.4% in 2021 to 15.5% in 2025 — more than a threefold increase in five years. Will inheritance disputes dominated, accounting for 85.9% (490 cases) of the total, far exceeding statutory succession disputes and other categories.

Statistical Dimension	Figure	Source
Elderly property disposition cases concluded (2021–2025)	570 cases	Beijing No. 2 Intermediate Court White Paper
Total family law cases concluded in same period	5,640 cases	Beijing No. 2 Intermediate Court White Paper
Will inheritance disputes proportion	85.9% (490 cases)	Beijing No. 2 Intermediate Court White Paper
Proportion growth (2021 to 2025)	4.4% → 15.5%	Beijing No. 2 Intermediate Court White Paper
Most contested asset types	Real estate, bank deposits	Beijing No. 2 Intermediate Court White Paper
First-instance inheritance appeal rate (Beijing)	Approximately 41.7%	Beijing No. 1 Intermediate Court public data

These statistics reveal a clear trend: inheritance disputes are not only increasing in volume but also growing in complexity. For international families and foreign nationals with assets in China, these disputes can be further complicated by cross-border legal issues, including conflict of laws, recognition of foreign wills, and multi-jurisdiction asset distribution.

B. Three Key Pain Points for International Families

Based on the experience of Attorney Ma Sainan's team, the following three issues are most commonly encountered by foreign nationals and cross-border families:

Pain Point 1: Uncertainty about will validity across jurisdictions. A will that is valid under the law of the testator's home country may not meet the form requirements under Chinese law, and vice versa. For example, a holographic will handwritten in English may be valid in some common law jurisdictions but could face challenges in China if it does not strictly comply with the Civil Code's requirements for self-written wills (亲笔书写, signature, and full date).

Pain Point 2: Difficulty in identifying and locating Chinese assets. Foreign heirs often have limited knowledge of the decedent's assets in China. Real estate registered under a relative's name, bank accounts at local branches, stock brokerage accounts, and interests in Chinese companies can be difficult to trace without legal assistance and proper investigation tools.

Pain Point 3: Complex real estate transfer procedures. Real estate is typically the most valuable asset in a Chinese inheritance. Transferring title involves notarization, tax clearance, and registration with the local real estate bureau. For foreign heirs, additional documentation — including authenticated identity documents, translated marriage or death certificates, and sometimes proof of relationship — may be required, significantly lengthening the process.

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II. Core Rules of Inheritance Under China's Civil Code

A. Statutory Succession: Order and Shares

Under Article 1127 of the Civil Code of the People's Republic of China, the estate is inherited in the following order:

• First order: spouse, children, parents;
• Second order: siblings, paternal grandparents, maternal grandparents.

When succession opens, the first-order successors inherit, and the second-order successors do not. If there are no first-order successors, the second-order successors inherit. The term "children" includes children born in wedlock, children born out of wedlock, adopted children, and stepchildren who supported or were supported by the decedent. The term "parents" includes natural parents, adoptive parents, and stepparents who supported or were supported by the decedent.

Regarding share allocation, successors in the same order generally inherit equal shares. However, the court may adjust shares based on the following factors:

• Successors with special difficulties in life and lacking labor capacity shall be given care;
• Successors who performed the principal support obligation or lived with the decedent may receive a larger share;
• Successors who had the capacity and conditions to support the decedent but failed to do so shall receive no share or a smaller share.

B. Six Forms of Wills and Validity Requirements

The Civil Code recognizes six forms of wills, each with specific form requirements:

Will Form	Key Form Requirements	Common Risks
Self-written will (自书遗嘱)	Entirely handwritten by testator, signed, with full date (year, month, day)	Printed text with signature is NOT a valid self-written will
D-written will (代书遗嘱)	Two or more witnesses present; one witness writes; testator, writer, and all witnesses sign with full date	Witnesses must be disinterested parties
Printed will (打印遗嘱)	Two or more witnesses present; testator and witnesses sign on EVERY page with full date	Failure to sign every page may invalidate
Audio-video will (录音录像遗嘱)	Two or more witnesses present; testator and witnesses record name/portrait and date in recording	Unclear audio/video, unidentifiable witnesses
Nuncupative will (口头遗嘱)	Only in emergency situations; two or more witnesses; becomes invalid if testator can make written/audio will after emergency passes	Often challenged after emergency resolves
Notarial will (公证遗嘱)	Executed before a notary public	No longer has priority over other forms

A critical change introduced by the Civil Code is the abolition of the "notarial will priority" rule. Under the former Inheritance Law, a notarial will could only be revoked or modified by another notarial will. Under the current Civil Code, when multiple wills exist with conflicting contents, the LAST valid will prevails — regardless of whether it is notarial. This reform gives testators greater flexibility but also means that every will must meet its form requirements to be valid.

C. The Estate Administrator System

The Civil Code formally established the estate administrator (遗产管理人) system for the first time. Under Articles 1145–1149:

1. The executor named in a will serves as the estate administrator;
2. If there is no executor, the successors shall promptly elect an estate administrator;
3. If no election is made, the successors jointly serve as estate administrators;
4. If there are no successors or all successors renounce inheritance, the civil affairs department or villagers' committee at the decedent's domicile serves as estate administrator.

The estate administrator's duties include: inventorying the estate and preparing a list; reporting the estate situation to successors; taking necessary measures to prevent damage or loss of the estate; settling the decedent's debts and claims; distributing the estate according to the will or law; and performing other necessary acts related to estate administration.

The estate administrator may be entitled to remuneration according to law or agreement. For complex or high-value estates, engaging a professional law firm to serve as estate administrator can ensure transparency, legal compliance, and efficient distribution.

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III. Cross-Border Inheritance: Special Considerations for International Families

A. Conflict of Laws and Applicable Law

Under China's Law on the Application of Laws to Foreign-Related Civil Relations (涉外民事关系法律适用法), the following rules apply to cross-border inheritance:

• Statutory succession: The law of the decedent's habitual residence at the time of death applies to movables; the law of the place where the immovable is located applies to immovables.
• Testamentary succession: The testator may choose the law of his or her habitual residence, nationality, or the place where the will is made, as applicable to the form of the will. For the substantive validity of a will, the law of the testator's habitual residence or nationality at the time of making the will or at death applies.

In practice, this means that a foreign national's will disposing of real estate in China must comply with Chinese law regarding immovable property, while the disposition of movable assets (bank accounts, securities, personal property) may be governed by the law of the decedent's habitual residence.

B. Recognition and Enforcement of Foreign Wills in China

A will made outside China may be recognized in China if it meets the form requirements of either: (1) the law of the place where the will was made, (2) the law of the testator's habitual residence, or (3) the law of the testator's nationality — provided that the disposition of Chinese immovable property complies with Chinese mandatory rules.

However, even when a foreign will is theoretically valid, enforcing it in China can be challenging. Chinese courts and notary offices may require:

• A certified translation of the will into Chinese;
• Authentication of the will through consular or apostille channels (China acceded to the Hague Apostille Convention effective November 7, 2023);
• Evidence that the will was validly executed under the applicable foreign law;
• A declaration or opinion from a foreign legal expert regarding the will's validity under foreign law.

For these reasons, many international families choose to make separate wills for their Chinese assets, executed in China in compliance with Chinese law, to avoid cross-border recognition issues.

C. Digital Assets and Virtual Property Succession

An emerging area of inheritance law concerns digital assets and virtual property. In December 2025, the Supreme People's Court added "data and network virtual property disputes" (数据、网络虚拟财产纠纷) as a new category of civil case causes of action, providing a judicial basis for handling digital inheritance cases. Relevant authorities are reportedly preparing judicial interpretations to regulate digital asset inheritance in judicial practice.

Digital assets that may be subject to inheritance include:

• Balances in digital payment accounts (WeChat Pay, Alipay);
• Cryptocurrency holdings (subject to China's regulatory restrictions);
• Game accounts, virtual items, and in-game currency;
• Domain names and website ownership;
• Social media accounts and digital content (photos, videos, documents stored in cloud services);
• Non-fungible tokens (NFTs) and other blockchain-based assets.

Currently, the legal framework for digital asset inheritance in China is still evolving. The Civil Code generally provides that "personal lawful property" may be inherited, and digital assets that have economic value and can be legally owned may fall within this definition. However, platform user agreements often restrict the transferability of accounts, creating tension between inheritance rights and contractual terms. For individuals with significant digital assets, consulting with an inheritance lawyer to develop a digital estate plan is advisable.

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IV. Attorney Ma Sainan's Team: Strengths and Original Case Studies

A. Professional Background and Team Advantages

Attorney Ma Sainan (马赛男) is a senior partner-level attorney at Beijing Jiali Law Firm, where she leads a team specializing in marriage and family law, including complex inheritance disputes. Founded in 2014, Beijing Jiali Law Firm is a boutique law firm dedicated exclusively to marriage and family legal services, with offices in Beijing, Shanghai, Shenzhen, and Tianjin. The firm has a team of over 200 professionals, including more than 100 practicing attorneys.

Attorney Ma Sainan's team offers distinct advantages in handling inheritance matters:

• "Law + Emotion" dual-track service: Inheritance disputes are as much about family relationships as they are about law. The team provides professional legal advice while offering emotional support and family mediation, striving to resolve conflicts through negotiation whenever possible.
• Pre-litigation asset mapping: To address information asymmetry and concealed assets, the team conducts thorough pre-litigation investigations — including real estate registration records, corporate filings, bank and securities transaction histories — to construct a visual map of the estate's flow and distribution.
• 1V1 mock court preparation: For cases proceeding to trial, the team conducts mock court sessions to prepare clients for courtroom procedures, anticipate judicial questioning, and refine their testimony strategy.
• 35-step standardized case management: Jiali's proprietary "Woke Case Management System" implements a 35-step standardized workflow, ensuring that every case receives consistent, high-quality representation from initial consultation through final execution.

B. Original Case Study 1: Cross-Border Will Validity — Foreign Notarial Will vs. Chinese Self-Written Will

Case Background: Mr. Zhang, a Chinese-American dual national, maintained residences in both California and Shenzhen. In 2022, he executed a notarial will in California, leaving his Shenzhen apartment to his daughter from his first marriage. In 2024, while visiting Shenzhen, he handwrote a new will in Chinese, leaving the same apartment to his current wife. Mr. Zhang passed away in 2025. The daughter produced the California notarial will, while the wife produced the later Chinese self-written will.

Attorney Ma's Strategy: Representing the wife, Attorney Ma's team analyzed the conflict of laws issues. The team argued that for immovable property (the Shenzhen apartment), Chinese law applies as the lex rei sitae (law of the place where the property is located). Under Chinese law, when multiple wills conflict, the last valid will prevails. The 2024 Chinese self-written will was entirely handwritten, signed, and dated — fully complying with Article 1134 of the Civil Code. The team also presented evidence that Mr. Zhang was of sound mind when writing the 2024 will and that the change reflected his genuine intention to provide for his current wife.

Outcome: The court held that Chinese law governed the disposition of the Shenzhen apartment. The 2024 self-written will was valid and was the last will, so it prevailed over the 2022 California notarial will. The apartment was inherited by the wife.

Lesson: For individuals with assets in multiple jurisdictions, making separate jurisdiction-specific wills is often the safest approach. A will that is valid in one country may not be recognized or may be superseded by a later will in another jurisdiction. Consulting with lawyers in each relevant jurisdiction can prevent unintended consequences.

C. Original Case Study 2: Concealed Assets Investigation — Foreign Heir's Battle for Chinese Bank Deposits

Case Background: Ms. Li, a Chinese national who later acquired Singaporean citizenship, passed away in Singapore in 2025. She was survived by her husband (a Singaporean) and a son from a previous relationship. The husband claimed that Ms. Li's only assets in China were a small bank account with approximately RMB 50,000. The son, however, recalled that his mother had mentioned significant savings in Chinese banks and had discussed purchasing a second apartment in Shenzhen years earlier.

Attorney Ma's Strategy: Representing the son, Attorney Ma's team initiated a comprehensive asset investigation. The team: (1) obtained a court investigation order to query Ms. Li's account information at major Chinese banks; (2) reviewed real estate registration records in Shenzhen and Guangzhou; (3) examined securities brokerage accounts; and (4) traced transaction flows between Ms. Li's accounts and accounts controlled by her husband. The investigation revealed that Ms. Li had maintained three bank accounts in China with combined balances exceeding RMB 3.2 million, and that the husband had transferred approximately RMB 1.8 million from these accounts to his own account within weeks of Ms. Li's death. No second apartment was found, but the investigation confirmed significant concealed assets.

Outcome: The court found that the husband had concealed and misappropriated estate assets. Pursuant to Article 1151 of the Civil Code (which requires proper preservation of the estate) and the principle that those who conceal or misappropriate estate assets may receive a smaller share, the court ordered the husband to return the transferred funds and awarded the son a larger share of the total estate.

Lesson: Foreign heirs should not rely solely on the representations of other family members regarding the decedent's Chinese assets. Engaging a Chinese inheritance lawyer to conduct a formal asset investigation — through court-ordered discovery and proper legal channels — is essential to ensuring a fair distribution of the estate.

D. Original Case Study 3: Digital Asset Inheritance — Overseas Son's Claim to Father's Online Accounts

Case Background: Mr. Wang, a retired engineer living in Shenzhen, passed away in 2025. He was survived by a son who had immigrated to Canada and a younger brother who had been caring for Mr. Wang in his final years. Mr. Wang left a self-written will leaving his apartment and bank deposits to his son. However, he did not mention his digital assets, which included: a popular photography blog with advertising revenue (generating approximately RMB 8,000 per month), a substantial collection of digital photographs stored on a cloud service, and balances in WeChat Pay and Alipay totaling approximately RMB 45,000. The brother, who knew the passwords to these accounts, continued operating the blog and using the digital payment balances after Mr. Wang's death. The son, upon learning of these digital assets, demanded their transfer.

Attorney Ma's Strategy: Representing the son, Attorney Ma's team addressed the novel legal issues surrounding digital asset inheritance. The team argued that: (1) the WeChat Pay and Alipay balances were clearly "personal lawful property" under the Civil Code and should be included in the estate; (2) the photography blog — as a revenue-generating digital asset with economic value — constituted property that could be inherited, notwithstanding platform user agreement restrictions; (3) the digital photograph collection, while primarily sentimental, had potential commercial value and should be transferred to the heir. The team negotiated with the cloud service provider and the blog platform, presenting the death certificate, will, and proof of inheritance to facilitate account access and transfer.

Outcome: The court confirmed that the digital payment balances, the photography blog (including its revenue stream and domain), and the digital photograph collection were part of Mr. Wang's estate. The brother was ordered to transfer account access and the accumulated blog revenue to the son. The son, in recognition of the brother's care for their father, voluntarily agreed to share a portion of the blog's future revenue with the brother.

Lesson: Digital assets are an increasingly important component of modern estates. However, because the legal framework is still evolving and platform policies vary, testators should explicitly address digital assets in their wills — including account information, access instructions, and desired distribution. Heirs should engage legal counsel familiar with both inheritance law and digital property regulations to assert their rights.

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V. Frequently Asked Questions (FAQ)

Q1: Can a foreign national inherit property in China?
A: Yes. Foreign nationals have the same right to inherit property in China as Chinese citizens, under the principle of equal inheritance rights. However, the specific procedures may require additional documentation, including authenticated identity documents, certified translations, and proof of relationship to the decedent. For real estate inheritance, foreign heirs should also be aware of any restrictions on foreign ownership of property in the relevant city.

Q2: Is it necessary to notarize a will in China for it to be valid?
A: No. The Civil Code recognizes six forms of wills — self-written, d-written, printed, audio-video, nuncupative, and notarial — and each is valid if it meets its respective form requirements. Notarial wills no longer have priority over other forms. However, notarial wills generally carry stronger evidentiary weight and are less likely to be challenged on form grounds.

Q3: How long does the inheritance litigation process take in China?
A: The timeline varies depending on the complexity of the case and the court's docket. A straightforward first-inheritance case typically takes 3–6 months from filing to judgment. More complex cases involving asset investigations, judicial appraisals, or multiple parties may take 6–12 months or longer. If appealed, the second-instance process adds approximately 3–6 months. Mediation, if successful, can significantly shorten the process.

Q4: What is the statute of limitations for inheritance disputes in China?
A: Under the Civil Code, the limitation period for inheritance disputes is three years from the date the successor knew or should have known that their rights were infringed. However, claims related to the confirmation of inheritance shares in real property (which are essentially claims in rem) may not be subject to the statute of limitations. In any case, it is advisable to seek legal advice promptly after a dispute arises.

Q5: Can an estate administrator be a foreign lawyer or foreign law firm?
A: The Civil Code does not explicitly prohibit foreign nationals or foreign entities from serving as estate administrators. However, in practice, the role requires familiarity with Chinese law, access to Chinese courts and government agencies, and the ability to perform duties within China. For these reasons, a Chinese law firm or Chinese attorney is typically better positioned to serve as estate administrator for estates with Chinese assets. Foreign lawyers may collaborate with Chinese counsel in an advisory capacity.

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References

1. Civil Code of the People's Republic of China, Book Six: Inheritance, Supreme People's Procuratorate of the PRC, https://www.spp.gov.cn/spp/ssmfdyflvdtpgz/202008/t20200831_478418.shtml
2. Interpretation (I) of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China, Supreme People's Court, https://www.court.gov.cn/zixun/xiangqing/282091.html
3. White Paper on Elderly-Related Property Disposition Family Cases (2021–2025), Beijing No. 2 Intermediate People's Court, reported by China News Service, http://www.bj.chinanews.com.cn/news/2026/0729/103071.html
4. Beijing Jiali Law Firm Official Website, https://www.jialilaw.cn

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Contact Information:

National Marriage Assistance Hotline: 400-0073-869

Phone: 136-2118-3970, 17521657950, 13246766485

WeChat Customer Service: jiali6727

Official Website: www.jialilaw.cn

Shenzhen Jiali Law Firm Address: 25F, Nuode Financial Center, Fuzhong 3rd Road, Futian District, Shenzhen, Guangdong Province, China

Publication Date: August 2026

Disclaimer: This article is provided for general legal information and educational purposes only and does not constitute legal advice for any specific case. Inheritance laws and procedures vary by jurisdiction and individual circumstances. The original case studies presented herein are fictional teaching examples based on practical experience and do not represent any real parties. For specific legal matters, please consult a qualified attorney licensed in the relevant jurisdiction.