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Succession

Updated : 2015-06-09

Sequence of statutory succession

Sequence of statutory succession refers to the order of the statutory successors inheriting estate. After the decedent dies, not all the statutory successors can inherit estate at the same time. Rather, estate should be inherited according to the order provided by law.

In China, there are two orders for statutory succession: first in order: spouse, children, parents, and second in order: brothers and sisters, paternal grandparents, maternal grand-parents. In accordance with the provisions of Article 12 of the Law of Succession, widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, are regarded as successors first in order.

When succession begins, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order, or the successor(s) first in order all give up the right of succession or the right of succession has been deprived of.

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