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Overview of Inheritance Procedures in Hong KongThe procedure for inheritance in Hong Kong varies depending on whether the deceased died with a valid Will and an Executor appointed. Generally speaking, the main procedures of inheritance in Hong Kong are: firstly, the person entitled to administer the estate of the deceased should apply to the Probate Office of the High Court of Hong Kong for the appointment of an administrator (or executor) by the court, and then the administrator (or executor) will distribute the estate to other beneficiaries entitled to inherit (successors) or administer the estate in other ways according to the lawDetermine who has the right to bring an action in court to be an administrator (executor).Before filing an application in court, it is important to determine who has the right to apply to be an administrator (executor) of a deceased person's estate. Generally speaking, if the deceased left a valid Will and the Will has named an Executor, the Executor named in the Will is the person who has the right to apply to the Court to administer the estate as an Executor. On the other hand, if the deceased did not leave a Will, or if he did leave a Will but did not validly appoint an Executor in the Will, the order of precedence should be determined according to the law as to who has the priority to apply for the right to be the Administrator. The order of priority for applying to be an administrator of a deceased person's estate under the laws of Hong Kong.Procedures for applying to be an AdministratorWhere the deceased did not leave a Will or where the Will does not validly appoint an Executor, a person who is entitled to priority under the law may apply to the Court for the appointment of an Administrator of the deceased's estate. The application should be made to the Probate Division of the High Court of Hong Kong.The documents that are normally required to be filed to make an application to be granted Letters of Administration include. an affidavit of application to become an Administrator, which varies according to the status of the applicant (e.g. being the spouse or a child or a parent of the deceased); If the deceased was domiciled outside Hong Kong, this needs to be supported by a separate ex parte application affidavit stating that the applicant is the person who has the power to administer the estate of the deceased under the law of the place of domicile of the deceased. Evidentiary documents in support of the above application include the death certificate of the deceased, the applicant's identity document, documents proving the kinship between the deceased and the applicant (e.g. birth certificates, marriage certificates, etc.), and documents proving that the person who had the right of priority before him/her has died or waived his/her right of priority. If the deceased was domiciled in a place other than Hong Kong, a legal affidavit from a solicitor of the place of domicile of the deceased certifying that the applicant is the person entitled to administer the estate of the deceased under the law of that place is also required.Upon receipt of the application documents, the Court will normally give its first reply within 1-2 months - the Court's reply is usually in the form of an interrogatory - the Court's interrogatory is a letter from the Court asking the applicant to make corrections to the application, to submit supplementary documents, or to amend the relevant documents. The applicant is required to make corrections, additions and supplementary submissions in response to the Court's questions until the Court is satisfied and a grant of Letters of Administration will be issued.If the applicant is a person outside Hong Kong, the Court will require the applicant to provide a guarantee that he/she will not administer the estate to the detriment of other persons (e.g. other heirs) after his/her appointment as Administrator.Legal Procedures for Applying to be an ExecutorIf the deceased has left a Will in which an Executor has been validly appointed, the Executor named in the Will should apply to the court for probate of the Will in order to be appointed by the court as an Executor.A petition for probate filed with the court requires the following documents. an original copy of the will. an affidavit of filing for probate, thereby making yourself an executor of the will.. If the will was not witnessed by a solicitor practicing in Hong Kong, it is usually necessary to submit an affidavit from the witness of the will stating the circumstances under which the will was made. identification document of the applicant.If the validity of the will is to be determined by foreign law, e.g. if the testator is not domiciled in Hong Kong and the will was not made in Hong Kong, the Court may require the applicant to submit a legal affidavit from a foreign lawyer certifying that the will is legally valid under the applicable foreign law.Procedures for administering the estate of a deceased personAfter obtaining a grant of letters of administration from the Court, the administrator (or executor) of the deceased's estate can use the grant of letters of administration to collect the estate from banks, securities companies, etc., to effect transfers, and to distribute the estate to other beneficiaries who are entitled to succeed to the deceased's estate - a process which normally does not require the involvement of the Court - and if any of the inheritors believes that his/her right of succession has been infringed by the administrator of the deceased's estate, he/she may bring an action in the Court. If any heir believes that his or her inheritance rights have been infringed by the administrator, he or she can bring a court action.