how to get a us death certificate with apostille recognized for purposes of inheritance

Question

A deceased US citizen is a beneficiary of a deceased Hong Kong resident. We have an apostille from the state of NJ and need to get a document that will be recognized in Hong Kong for a Hong Kong citizen who died without a will and has a surviving spouse (no children). Half of their assets will go to the deceased Hong Kong man's relatives (we are one of those relatives) and we want to give back to the surviving spouse but the lawyer in Hong Kong needs proof of death of the US citizen family member.

James · Answer

First, submit the U.S. death certificate to your local notary public for notarization. A notary will verify the information and sign notarized documents.Secretary of State Certification: After the notarization is completed, the notarized document is sent to the Secretary of State office for certification. The Secretary of state will verify the authenticity of the document and stamp it. Chinese Embassy in the United States certification: If you need to use in China, you also need to send the Secretary of State certification documents to the Chinese embassy in the United States for certification. Embassy and consular officials will verify the legitimacy of the document and stamp it with a certification stamp.

Gayle · Answer

I have already completed steps 1 and 2. I have a death certificate issued by the State of NJ and have applied for an apostille which is being processed and I should have it shortly. My next step it seems is to take or mail the death certificate with apostille attached to the China Embassy. I have 2 questions regarding that.1. Can I mail or do I need to personally deliver the death certificate with apostille attached to the Chinese Embassy?2. If I mail the death certificate and the apostille, what is the address?3. If I need to personally deliver (which I believe to be the case) does it need to be delivered to the consulate in NY City (death certificate is from New Jersey and NY consulate has jurisdiction over New Jersey) OR can I take it to the Embassy in Washington, DC which is the closed to where I live in Virginia?

James · Answer

Hi, Gayle, guess what, I have seen it on the official website of the Chinese Embassy in NY, and you don't need the third step!Documents intended to be used in Hong Kong SAR or Macao SAR do NOT need authentication by the Chinese Embassy/Consulate General. However they need to be duly apostilled by the U.S. Department of State or the Secretary of the State where the document is issued.

Gayle · Answer

Thank you so much! This is indeed welcome news. I see what you mean now. Since China joined The Hague Convention on 11/7/2023 the apostille is all that is needed. I appreciate your help!

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How to get a US death certificate with apostille recognized for purposes of inheritance in Hong Kong