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Chapter II Statutory Succession
第二章 法定繼承
Article 9 Males and females are equal in their right to inheritance.
第九條 繼承權男女平等。
Article 10 The estate of the decedent shall be inherited in the following order:
第十條 遺產按照下列順序繼承：
First in order: spouse, children, parents.
第一順序：配偶、子女、父母。
Second in order: brothers and sisters, paternal grandparents, maternal grandparents.
第二順序：兄弟姐妹、祖父母、外祖父母。
When succession opens, 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.
繼承開始后，由第一順序繼承人繼承，第二順序繼承人不繼承。沒有第一順序繼承人繼承的，由第二順序繼承人繼承。
The "children" referred to in this Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.
本法所說的子女，包括婚生子女、非婚生子女、養子女和有扶養關系的繼子女。
The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.
本法所說的父母，包括生父母、養父母和有扶養關系的繼父母。
The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.
本法所說的兄弟姐妹，包括同父母的兄弟姐妹、同父異母或者同母異父的兄弟姐妹、養兄弟姐妹、有扶養關系的繼兄弟姐妹。
Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child inherit in subrogation. Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother was entitled to.
第十一條 被繼承人的子女先于被繼承人死亡的，由被繼承人的子女的晚輩直系血親代位繼承。代位繼承人一般只能繼承他的父親或者母親有權繼承的遺產份額。
Article 12 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, be regarded as successors first in order.
第十二條 喪偶兒媳對公、婆，喪偶女婿對岳父、岳母，盡了主要贍養義務的，作為第一順序繼承人。
Article 13 Successors same in order shall, in general, inherit in equal shares.
第十三條 同一順序繼承人繼承遺產的份額，一般應當均等。
At the time of distributing the estate, due consideration shall be given to successors who are unable to work and have special financial difficulties.
對生活有特殊困難的缺乏勞動能力的繼承人，分配遺產時，應當予以照顧。
At the time of distributing the estate, successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.
對被繼承人盡了主要扶養義務或者與被繼承人共同生活的繼承人，分配遺產時，可以多分。
At the time of distributing the estate, successors who had the ability and were in a position to maintain the decedent but failed to fulfil their duties shall be given no share or a smaller share of the estate.
有扶養能力和有扶養條件的繼承人，不盡扶養義務的，分配遺產時，應當不分或者少分。
Successors may take unequal shares if an agreement to that effect is reached among them.
繼承人協商同意的，也可以不均等。
Article 14 An appropriate share of the estate may be given to a person, other than a successor, who depended on the support of the decedent and who neither can work nor has a source of income, or to a person, other than a successor, who was largely responsible for supporting the decedent.
第十四條 對繼承人以外的依靠被繼承人扶養的缺乏勞動能力又沒有生活來源的人，或者繼承人以外的對被繼承人扶養較多的人，可以分給他們適當的遺產。
Article 15 Questions pertaining to succession should be dealt with through consultation by and among the successors in the spirit of mutual understanding and mutual accommodation, as well as of amity and unity. The time and mode for partitioning the estate and the shares shall be decided by the successors through consultation. If no agreement is reached through consultation, they may apply to a People's Mediation Committee for mediation or institute legal proceedings
第十五條 繼承人應當本著互諒互讓、和睦團結的精神，協商處理繼承問題。遺產分割的時間、辦法和份額，由繼承人協商確定。協商不成的，可以由人民調解委員會調解或者向人民法院提起訴訟。
