Inheritance is the civil juristic act that the inheritor acquires the deceased’s heritage according to law or the testament made by the deceased before death. In accordance with the Inheritance Law of PRC, the inheritance begins since the deceased died. The death of the deceased is the cause of the commencement of inheritance, and the death time is the time of the commencement of inheritance. There are two kinds of death, and the first one is natural death caused by age, disease, or accident; the second one is declaration of death, which death date is the date specified in the verdict of court. The heritage inherited by the successor should be the deceased’s legally remaining property when he died, including the deceased’s economic income, house, savings, and living goods; the deceased’s woods, livestock, and poultries; the deceased’s cultural relics, books and reference materials; means of production allowed by laws; the deceased’s the property right in the copyright and patent right; and the deceased’s other legal properties.

There are two kinds of inheritance. One is statutory inheritance, and the other is testamentary succession. According to Inheritance Law, when disposing the inheritance affairs, the legacy-support agreement is prior to testamentary succession, and the testamentary succession is prior to statutory inheritance.

The notarization of inheritance succession is the activity that the notary organ legally testifies the authenticity and legality of the inheritor’s inheritance behavior and confirms the inheritor’s right of inheritance according to law and the inheritor’s application.

To apply for the notarization of inheritance succession, the inheritor should first confirm the jurisdictional notary organ. According to laws, if the heritage is movable property, the application for notarization should be accepted by the notary office where the deceased’s living domicile or the location of the deceased’s main properties are; if the heritage is real-estate property, the application for notarization should be accepted by the notary office where the real estate is located; if the heritages are in different places, the application for notarization should be accepted by the notary office where main properties are.

To apply for the notarization of inheritance succession, generally, the party should apply for notarization to the notary office in person, but if the application in person is difficult, the applicant could entrust other inheritor or others to apply for notarization on behalf of him. For the party without capacity for civil conduct or with limited capacity for civil conduct, the notarization should be handled by his legal representative or other agent entrusted by the legal representative.

Following materials should be submitted to the notaries when applying for the notarization of inheritance succession:

(1) The party’s identification papers such as residence booklet, ID card, passport, or traffic permit. The agent should also submit the letter of authorization signed by the consignor. And if the consignor is in foreign country or Hong Kong, Macao, and Taiwan, the letter of authorization should be certified by local notary organ, or the institution or person authorized by the Judiciary Ministry of China.

(2) The deceased’s death certificate and the death certificate of the successor who has died. The death certificate should be issued by public security department or the hospital where the deceased died.

(3) The property right certificate of the deceased’s heritages such as certificate of house ownership, bank list of deposit, and registered shares.

(4) The certificate of family relation of the deceased. It is generally issued by the unit (or the archive keeping unit) of the inheritor or the deceased according to its archive records, and the certified scope includes spouse, children, parents, brother and sister, grandparents, and material grandparents.

(5) The testament made by the deceased before death, including various forms such as notarization, self-writing, legal document written by others, recording, and verbal testament.

(6) Other materials that the notaries require, such as the eyewitness’s evidentiary material of the testament, the heritage list, the statement or evidentiary material that other heritors gave up the inheritance right, and the verdict that the People’s Court declared that the deceased died.

When the party accepts the notaries’ inquiry, it should state following items honestly to the notaries:

(1) The deceased’s death time and heritage status.

(2) The deceased’s status of marriage and family. For example, how many marriages did the deceased have? Whether the spouse of deceased is alive? The status of the children born or adopted in each marriage. Whether the deceased has illegitimate children?

(3) Whether the deceased’s parents are alive? What attitudes have they to the heritage?

(4) Source of the heritages. Whether they are owned by all? Whether they are mortgaged or pawned? Is there any dispute for the property right of the heritage?

(5) Whether the deceased has unpaid taxation and payable debt?

(6) Whether the legal successor besides the successor of testament knows the testament made by the deceased?

HYW Translation Co., Ltd. Company shall issue the notarial document of heritance right if the evidential materials provided by the party are true, legal, and complete through examination, according with the regulation of Inheritance Law.