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Estates spanning China and Germany

Reviewed by: Beijing Yuanjia Law Firm — Yuanjia International Family Law Team · Updated: 2026-09-24
This page provides general information only. It is not legal advice and does not create a lawyer-client relationship. A lawyer must review identities, documents, courts, property, evidence, and the specific facts before any conclusion is given.
Quick answer
What this page answers
Estates spanning China and Germany

Germany applies the law of the deceased's last habitual residence under the EU Succession Regulation, which may not be German law.

The specific situation
The facts this usually involves

A person with German and Chinese connections died; the question is which succession law applies to the German assets.

The first thing to do
Where to start in practice

Establish the deceased's last habitual residence first, since that determines the applicable succession law.

The position in one paragraph

Germany applies the law of the deceased's last habitual residence under the EU Succession Regulation, which may not be German law.

Because the EU Succession Regulation applies the law of the last habitual residence as a single connecting factor, the applicable law to the German assets may be neither German nor Chinese, depending on where the person habitually resided. That has to be established before any distribution is proposed.

A typical situation

A person with German and Chinese connections died; the question is which succession law applies to the German assets.

Assuming German law applies because the assets are in Germany. The Regulation's connecting factor is the deceased's habitual residence, not the location of the assets.

What distinguishes this from a purely domestic case

Under the accrued-gains system, each spouse keeps their own property and the equalisation is calculated at the end of the marriage — a fundamentally different starting point from the Chinese position.

On the China side, the connecting factor has to be established on the documents: A Chinese court deals with China-situated estate assets. Assets abroad are governed by the law of the place where they sit, with China's conflict rules determining which law applies to succession.

The practical sequence in a Germany-connected matter

  1. Separate the question of who inherits from the question of how the assets are actually transferred
  2. Establish the applicable law for succession, which can differ between movables and immovables
  3. Authenticate the death certificate, the will and the relationship documents
  4. Address the practical release of each asset with the institution holding it

Certification is handled by the competent Land authority, so the state of issue matters as it does in the US.

How Germany documents are handled

Apostille from the competent Land authority or the Federal Office of Justice for federal documents.

Germany applies the Zugewinngemeinschaft (community of accrued gains) system, which functions very differently from Chinese community property.

Each spouse keeps their own property under the German default, and equalisation is calculated only at the end — the opposite logic to Chinese community property.

What has to be decided before filing

Establish the deceased's last habitual residence first, since that determines the applicable succession law.

The boundary to plan around is this: Agreeing the shares and realising the assets are two separate problems; both need to be planned, and the second is usually harder. Where value sits in Germany — typically property, company shares, bank accounts, Bauspar contracts — it is handled by agreement or by a separate route there, not by an order the Chinese court could enforce directly.

If your situation has a Germany element

Inheritance cases stall when the evidence of the family relationship is incomplete. Send us the family tree and where each asset is held, and we will set out the route.

Frequently asked questions

Which law governs the German assets?
Under the EU Succession Regulation, generally the law of the deceased's last habitual residence — which may be China, Germany or elsewhere.
Can a person choose the applicable law?
The Regulation permits a choice of the law of a nationality in certain circumstances, and that should be checked.
Does the Chinese property follow the same law?
No. Chinese succession rules apply to the China-situated assets, and the two outcomes have to be reconciled.
Which Germany document should be dealt with first?
Each spouse keeps their own property under the German default, and equalisation is calculated only at the end — the opposite logic to Chinese community property. In practice the document that takes longest to obtain should be started first, not the one that is easiest to list.
Do you accept a matter with no connection to China?
No. The team only acts where the matter has a connection to China — a party's Chinese nationality, domicile or habitual residence, a marriage registered in China, or property, accounts, equity or evidence located in China. Purely foreign disputes are not accepted.
Do you accept a matter with no China connection?
No. We only act where the matter has a China connection: a party in China or holding Chinese nationality, domicile, habitual residence or identity documents, or property, a company interest, evidence, a document or an enforcement step located in or directed at China. Where everything — the parties, the assets and the documents — sits outside China and no Chinese court or authority needs to act, a lawyer in that jurisdiction is better placed to help and we would not be the right firm.
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This page provides general information only. It is not legal advice and does not create a lawyer-client relationship. A lawyer must review identities, documents, courts, property, evidence, and the specific facts before any conclusion is given.