• Area of Law： Marriage,Family Support,Adoption,and Inheritance Notarization
• Level of Authority： Industry Regulations
• Date issued：10-22-2009
• Effective Date：10-22-2009
• Status： Effective
• Issuing Authority： China Notary Association (former China Nortaries' Association)

Guiding Opinions on Handling Notarization of Inheritance
(Adopted at the 9th meeting of the 5th Executive Council of the China Notary Association on October 22, 2009)
Article 1 These Guiding Opinions are formulated in accordance with the General Principles of the Civil Law of the People's Republic of China, the Succession Law of the People's Republic of China, the Notary Law of the People's Republic of China, the Rules for Notarization Procedures and other relevant laws, regulations, and rules and the provisions of the Procedures for Formulating Business Rules for Professional Committee of the China Notary Association for the purpose of regulating notary offices in handling issues concerning notarization of inheritance.
Article 2 A party may apply to a notary office for inheritance notarization when he or she inherits certain heritage of the decedent or inheriting several heritages of the decedent.
Where two or more parties inherit a same heritage, they shall file a joint application for notarization with a notary office.
Article 3 To apply for notarization of inheritance, a party shall submit the following materials:
(1) the party's identity certificate;
(2) the decedent's death certificate;
(3) basic information on all statutory inheritors and a certificate of kinship with the decedent;
(4) if any inheritor is deceased, the inheritor's death certificate and a certificate of kinship with the deceased inheritor and all his or her statutory inheritors;
(5) the original property ownership (right) certificate, in case of inheritance of registered property;
(6) originals of all testaments or the original of the legacy-support agreement of the decedent, if the decedent has made testaments or concluded a legacy-support agreement before his or her death;
(7) a written agreement, if the decedent has concluded a marital property agreement with his or her spouse before his or her death;
(8) a waiver of the right of inheritance, if any inheritor waives inheritance;
(9) a notarized power of attorney, in case of application for notarization on a commission basis; and
(10) a guardianship certification, if a guardian applies for notarization on behalf of an inheritor.
The term “death certificate” as mentioned in this Article refers to a death certificate issued by a medical institution; a death certificate or a certificate on deregistration of registered permanent residence with the date of death indicated issued by a public security organ; a verdict declaring the death issued by a people's court; or a notarial deed of death.
The term “certificate of kinship” as mentioned in this Article refers to a certificate issued by the personnel department of the entity where the file of the decedent or an inheritor is kept for proving the kinship between the inheritor and the decedent; a certificate issued by a grass-roots people's government proving the kinship between the inheritor and the decedent; a certificate issued by a public security organ proving the kinship between the inheritor and the decedent; and a marriage registration certificate, adoption registration certificate, medical certificate of birth or notarial deed that can prove the relevant kinship.
Article 4 Where a party fails to submit a death certificate or a certificate of kinship as prescribed by Article 3 of these Guiding Opinions with a justified reason, he or she shall submit two or more other certificates that are sufficient to prove the relevant fact of death or relevant kinship.
Where a party fails to submit the original of a property ownership (right) certificate with a justified reason, he or she shall submit other certificates issued by the department issuing the property ownership (right) certificate.
Article 5 When handling notarization of inheritance, a notary office shall, in addition to the matters as prescribed by the Rules for Notarization Procedures, focus on examining the following matters:
(1) whether the identity of the party is authentic;
(2) whether the kinship between the party and the decedent is authentic;
(3) whether the decedent has any other inheritor;
(4) whether the facts of death of the decedent and the deceased inheritor are authentic;
(5) whether the decedent has any testament or legacy-support agreement before his or her death; and
(6) whether the heritage under application for inheritance is owned by the decedent.
Article 6 For the materials that comply with Article 3 of these Guiding Opinions as submitted by a party, a notary office shall, in addition to conducting examination in accordance with the Rules for Notarization Procedures, focus on verifying the originals of the certificate of kinship, death certificate and property ownership (right) certificate in the following ways:
(1) verifying the certificate of kinship with the entity that issues the certificate; and
(2) verifying the death certificate or property ownership (right) certificate with the entity that issues the certificate, if it has any doubt after examining the original of the certificate.
Article 7 For other certificates in compliance with Article 4 of these Guiding Opinions submitted by a party, a notary office shall, in accordance with the Rules for Notarization Procedures, examine the certificates by proper means according to the different circumstances. For the certificates proving the relevant fact of death or relevant kinship, the notary office shall verify the certificates with the entity or individual that issues the certificates. Upon verification, the certificates shall be able to prove each other and jointly prove the fact of death of the decedent or any other inheritor or the relevant kinship.
Article 8 When handling notarization of inheritance, a notary office shall inquire with the party and make an inquiry transcript. The inquiry transcripts shall, in addition to the contents required by the Rules for Notarization Procedures, bear the following contents:
(1)the time, place and reason of death of the decedent;
(2) the employer, address and marital status of the decedent before his or her death;
(3) the source, time of obtainment, ownership and basic conditions of the heritage under application for inheritance;
(4) name, gender, kinship with the decedent, employer and address of all statutory inheritors of the decedent (including widowed daughter-in-law or son-in-law who has made predominant contributions in supporting the decedent). If a statutory inheritor is deceased, the time of death shall be indicated;
(5) except for the inheritors, whether there is any person who depends on the support of the decedent and who neither can work nor has a source of income or whether there is any person who was largely responsible for supporting the decedent, or whether there is any unborn child for whom the share of heritage needs to be reserved;
(6) whether the decedent has made any testament or concluded any legacy-support agreement before his or her death, and the number of testaments or agreements if multiple testaments or agreements have been made; and
(7) whether there are any inheritors who waives inheritance.
Article 9 When handling notarization of inheritance, a notary office shall, in addition to the contents required by the Rules for Notarization Procedures, focus on informing a party of the following contents:
(1) if the party has concealed or omitted any inheritor (including other persons who have the right to share appropriate heritage), or has concealed or omitted any testament (legacy-support agreement) of the decedent, he or she shall bear corresponding legal liabilities;
(2) in the case of inheritance of heritage, the party shall pay the tax and debts that should be paid by the decedent in accordance with law within the actual value of the inherited heritage; and
(3) if any obligation is attached to the testament (legacy-support agreement), the inheritor (legatee) shall fulfill the obligation.
Article 10 Where a party applies for notarization of inheritance of a bank card (securities fund account) with unknown amounts, the notary office shall notify the party to first apply for notarization of kinship to check the amount in the card (account), and after the amount (quantity) is determined, the notary office may handle notarization of inheritance for the party.
Where a party applies for notarization of inheritance of the articles kept in a bank safe deposit box, the notary office shall notify the party to first apply for notarization of kinship for checking the articles in the safe deposit box and to apply for notarization of preservation of evidence for opening the safe deposit box and checking the amount of the articles, and after the types and quantity of articles in the safe deposit box owned by the decedent are determined, the notary office may move on to notarize inheritance for the party.
Article 11 Where a party applies for notarization of inheritance of death insurance money of the decedent in accordance with Article 42 of the Insurance Law of the People's Republic of China, the notary office shall handle notarization of inheritance for the party in accordance with relevant provisions of the Law of Succession of the People's Republic of China and these Guiding Opinions.
Article 12 Where a party applies for notarization of inheritance of the equity of a limited liability company, the notary office shall inform the party of the provisions of Article 76 of the Company Law of the People's Republic of China.
Where a party applies for notarization of inheritance of shareholders' qualification of a limited liability company, he or she shall submit the bylaw of the company and a certificate of his or her current employment. The notary office shall examine whether the bylaw of the company has any restrictions over the party's inheritance of the shareholders' qualification, and whether the work the party is engaged in restricts his or her inheritance of the shareholders' qualification. If a party may not inherit the shareholders' qualification in accordance with the bylaw of the company or the relevant laws, the notary office shall handle notarization of inheritance of equity for the party.
Article 13 Where a party applies for notarization of inheritance of property share of a partner or partners' qualification in accordance with Articles 50 and 80 of the Partnership Law of the People's Republic of China, the notary office shall handle the notarization by reference to Article 12 of these Guiding Opinions.
Article 14 Where a notary office handles notarization of testamentary inheritance, it shall examine and verify the validity of the testament in the following ways:
(1) If the testament is notarized, the notary office shall examine whether the contents of the testament comply with law, and verify such contents with all statutory inheritors as whether the decedent has any other testament or any legacy-support agreement, and whether there is any person who neither can work or has a source of income among the statutory inheritors.
Where the statutory inheritors do not reply to the verification of the notary office or the notary office can not get in contact with the statutory inheritors, the notary office may, after examining the testament, confirm the validity of such testament;
(2) Where the testament which is not a notarized testament but which complies with the statutory forms, the notary office shall obtain a written confirmation without objections to the contents of the testament from all statutory inheritors, and may confirm the validity of the testament after determining that the contents of the testament comply with law upon examination;
(3) Where the testament is made overseas, the notary office shall confirm the validity of the testament in accordance with laws and regulations and relevant provisions of the Ministry of Justice.
Article 15 In addition to the circumstances under which notarization may not be handled as prescribed by the Notarization Law and the Rules for Notarization Procedures, a notary office shall not handle notarization of testamentary inheritance under any of the following circumstances:
(1) a testamentary inheritor is disinherited according to law;
(2) the testament is invalid upon examination or its validity is unable to be confirmed;
(3) the property disposed of by the testament is not owned by the decedent or the decedent has disposed of the property involved in the testament before his or her death;
(4) in the case of inheritance of a same heritage, there is any testamentary inheritor who neither applies for notarization nor waives the right of inheritance;
(5) there is any dispute between a party of interest and a testamentary inheritor on whether the contents of the testament comply with Article 19 of the Law of Succession of the People's Republic of China; or
(6) a party of interest has sufficient evidence to prove that the testamentary inheritor has not fulfilled his or her obligations attached to the testament.
Article 16 In addition to the circumstances under which notarization shall not be handled as prescribed by the Notarization Law and the Rules for Notarization Procedures, a notary office shall not handle notarization of statutory inheritance under any of the following circumstances:
(1) a statutory inheritor is disinherited according to law;
(2) the testament made or the legacy-support agreement signed by the decedent before his or her death has already disposed of the heritage of which the statutory inheritor applies for inheritance;
(3) any of the statutory inheritors neither applies for notarization nor waives the right of inheritance;
(4) the statutory inheritors is unable to help the notary office complete verification or the relevant entity or individual refuses to help the notary office conduct verification; or
(5) there are disputes among statutory inheritors over the scope of statutory inheritors, ownership of the heritage or whether there is any person to whom the provisions of Articles 12 and 14 of the Law of Succession of the People's Republic of China shall apply.
Article 17 An inheritor shall waive the right of inheritance in person before a notary. Where an inheritor is unable to express abandonment of inheritance in person at the notary office that accepts the application for notarization of inheritance, his or her waiver of inheritance shall be notarized.
Where an inheritor expresses abandonment of inheritance, the notary office only needs to examine the will of the inheritor.
Article 18 Where a legatee applies for notarization of acceptance of legacy, the notary office shall handle the notarization by reference to the provisions of these Guiding Opinions on handling notarization of testamentary inheritance.
Article 19 The power to interpret these Guiding Opinions shall remain with the Executive Council of the China Notary Association.