How to Declare and Receive Inherited Estate?

 Declaration of Inheritance is an important legal procedure that confirms ownership rights to assets inherited by heirs following the death of a relative. This process not only ensures the division of the estate in accordance with legal provisions but also safeguards the legitimate rights and interests of the involved individuals. The declaration of inheritance may be carried out by preparing a declaration minutes at a notary office or through court proceedings, depending on the specific circumstances, and requires documents proving the inheritance relationship and the inherited assets.

Where to Perform the Declaration of Inheritance?

After the asset owner passes away, the persons with related rights and interests must carry out the death registration procedure at the People’s Committee of the commune, ward, or township where the deceased resided, and proceed with the opening of inheritance.

The place of opening inheritance is the location where the rights and obligations of the heirs arise, the place where the competent Court will decide on inheritance according to a will or by law, and the place where the competent state authority resolves the rights and interests of persons related to the inheritance estate. The place of opening inheritance is stipulated in Clause 2, Article 611 of the Civil Code 2015.

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Conditions for Receiving the Inheritance Estate?

The procedure for declaring inheritance is also the legal process of legitimizing the receipt of the inheritance estate; therefore, it must comply with the inheritance regulations set forth in the Civil Code 2015, such as:

Heirs who are individuals must be alive at the time of opening of inheritance or have been born and be alive after the opening of inheritance but conceived before the death of the decedent…

In addition, pursuant to Article 621 of the Civil Code 2015, the following persons shall not be entitled to inheritance:

– Persons convicted of intentionally infringing upon the life or health of the person leaving the estate, or of seriously abusing, maltreating, or infringing upon the honor and dignity of such person.
– Persons who seriously violate obligations to support the person leaving the estate.
– Persons convicted of intentionally infringing upon the life of another heir in order to receive all or part of the inheritance share to which that heir is entitled.
– Persons who deceive, coerce, or obstruct the person leaving the estate in making a will; forge, alter, destroy, or conceal a will in order to receive all or part of the estate contrary to the wishes of the person leaving the estate.

However, if the above-mentioned persons have been clearly aware of their conduct by the deceased and are still designated to receive the estate under a will, such persons shall still be entitled to the inheritance.

In addition, under Clause 1, Article 644 of the Civil Code 2015, in cases where:

A person who has reached 18 years of age or older and has working capacity, but:

– The testator (your parents) does not mention you as a beneficiary in the will.
– The entire estate consists of land use rights and residential housing inherited under a valid will.

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Dossier and Procedure for Declaration of Inheritance

Step 1: Submit the Dossier

The persons declaring inheritance submit the dossier at a notary office;

The dossier includes the following documents:
– Application for declaration of inheritance
– Documents proving inheritance rights:
+ For intestate succession: Birth certificates, household registration books, identity cards/citizen identity cards…
+ For testamentary succession: Valid will;
– Documents proving the inherited assets: Land use right certificates, vehicle registration certificates, savings books…;
– List of inherited assets: Enumerating all assets left by the decedent, their values, and conditions;
– Other documents: As required by the notary.

Step 2: The notary shall examine and verify the dossier.

Step 3: Posting of Acceptance of Notarization

The notary practice organization is responsible for posting the acceptance of notarization of the agreement on division of inheritance before proceeding with notarization.

Step 4: The notary prepares the Declaration of Inheritance Document;

Step 5: The notary notifies the relevant parties of the completion of the inheritance declaration procedure.

Step 6: Payment of Notary Fees

Cases of intestate succession:

Pursuant to Article 650 of the Civil Code 2015, intestate succession applies in the following cases:
– No will exists;
– The will is invalid;
– Heirs under the will die before or simultaneously with the testator; organizations or entities designated as heirs under the will no longer exist at the time of opening of inheritance;
– Designated heirs under the will have no right to inherit or renounce the inheritance.

In addition, intestate succession also applies to the following portions of the estate:
– Portions of the estate not disposed of in the will;
– Portions of the estate related to provisions of the will that have no legal effect;
– Portions of the estate related to heirs under the will who have no right to inherit, renounce the inheritance, die before or simultaneously with the testator; or related to organizations or entities designated as heirs under the will but no longer exist at the time of opening of inheritance.

Notary Fees for Declaration of Inheritance Procedure

Notarization Fees

The person requesting notarization of the inheritance declaration document must pay notarization fees.

Pursuant to Circular No. 257/2016/TT-BTC, as amended and supplemented by Circular No. 111/2017/TT-BTC, the notarization fees for inheritance declaration documents are calculated based on the value of the estate. Specifically as follows:

Notary Remuneration

Pursuant to Article 67 of the Law on Notarization 2014:
The provincial People’s Committee issues the maximum remuneration cap for notary practice organizations in the locality.

Notary practice organizations determine the remuneration level for each type of service without exceeding the maximum cap issued by the provincial People’s Committee and publicly post the remuneration rates at their headquarters.

Notary practice organizations are responsible for clearly explaining the notary remuneration to the person requesting notarization.

Other Costs

Pursuant to Article 68 of the Law on Notarization 2014, other costs include: fees for drafting contracts, travel expenses if any,…

Depending on the specific conditions of each locality, regulations on the collection of other fees shall be issued accordingly.

Support Services for Consultation on Inheritance Declaration Procedures at BKC Law

The support service for consultation on inheritance declaration procedures at BKC Law assists clients in resolving legal issues related to asset inheritance. We provide detailed guidance on the inheritance declaration process, including identification of heirs, procedures for declaring inherited assets, as well as resolution of any disputes. With a team of experienced lawyers, BKC Law is committed to protecting clients’ legitimate rights and interests, ensuring the process complies with the law and is carried out promptly, saving time and costs.

Receive free legal consultation and detailed advice at BKC Law. You may contact our lawyers via the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1:  9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City

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