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INHERITANCE
3. PROCEDURE OF INHERITANCE
The estates of a Hong Kong resident shall be frozen in the event of his or her death, until Letters of Administration issued by courts authorized one or more persons as personal representative(s) to administer the Deceased’s estates. The procedure of inheritance includes:
(1) Check the Deceased’s personal property
(2) Obtain the authentication from courts
(3) Apply for Letters of Administrationpply
Under non-contentious circumstance, the estate shall be administered in accordance with Probate and Administration Ordinance (the Chapter 10 of Hong Kong Laws).
(a) If the Deceased’s estate doesn’t exceed HK$150,000 in value, existing in the form of money, the simple procedure is applicable, including:
Conditions |
Type I |
Type II |
Type III |
There is a will or not |
No |
Yes |
No |
Who has the right to inherit |
The surviving spouse, issue, parents, brothers and sisters of the Deceased have the right to inherit in different percents according to the lawful order as to the priority |
Beneficiary |
Heirs apply for the Letters of Administration according to the lawful order |
All documents required |
* certificate of registration of death of the Deceased
* certificate of registration of birth of the Deceased
* certificate of registration of marriage between heir and the Deceased, if applicable
* certificate of registration of the birth of the Deceased’ issue, if applicable
* all documents relating to the estates of the Deceased (deposit book, for example)
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* Grant of Probate, Letters of Administration with a Will
* certificate of registration of death of the Deceased
* the Deceased’s will
* schedule of property
* affidavit to confirm executors, their grantors, or beneficiary of the will |
* certificate of registration of death of the Deceased
* schedule of property
* certificate of registration of marriage between heir and the Deceased, if applicable
* certificate of registration of birth of the Deceased’s issue, if applicable
* certificate of registration of birth of the Deceased |
(b) If the Deceased’s estate exceeds HK$150,000 in value, or even if it doesn’t exceed HK$150,000 in value, but it may include money and other forms, then the procedure shall include:
Conditions |
Type I |
Type II |
There is a will or not |
Yes |
No or Invalid |
Who has the right to inherit |
Executors and beneficiaries of the will, creditors of the Deceased, or the persons who have the right to obtain the Letters of Administration of the intestate |
The persons who shall be granted as administer of the estates in lawful order according to the relevant regulations |
Inheritance rights |
In accordance with Chapter 29 of Non-contentious Probate Rules, executors of the estate may expressly waive the right of probate. |
Relevant ordinances |
The Chapter 19 of Non-contentious Probate Rules |
The Chapter 21 of Non-contentious Probate Rules |
All documents required |
* certificate of registration of death of the Deceased
* affidavit of executor of will
* original copy and duplicate of the willl
* affidavit as to due execution of will
* evidences to show testator know the content of will
*provisions relating to will
* affidavit to confirm the identity of applicant
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* certificate of registration of death of the Deceased
* affidavit of administer of will
* certificate of registration of marriage between heir and the Deceased, if applicable
* certificate of registration of the birth of the Deceased’ issue, if applicable
* certificate of registration of birth of the Deceased
* affidavit of an independent person to confirm the identity of applicant, without any documents to prove the relation between applicant and the deceased
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(4) Draw and distribute the estate
The personal representative (executor or administrator) is entitled to draw and distribute the estate after have obtained Letters of Administration from courts.
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