Consultation on Inheritance Procedures

 Procedures for Receiving Inheritance constitute an important legal process that requires a thorough understanding of the law to ensure the protection of rights and interests and to avoid unnecessary disputes. From verifying the validity of a will, preparing the dossier, to registering ownership of assets—each step must be carried out strictly in accordance with regulations. In this article, BKC Law provides detailed guidance on the inheritance receipt procedures, helping you clearly understand the process and essential notes to complete it smoothly and lawfully.

What is Declaration of Inheritance?

Declaration of inheritance is an administrative procedure aimed at determining the rights and obligations of those entitled to the estate with respect to the assets of the deceased.

The procedure for declaration of inheritance is carried out at a notary office located at the last place of residence of the person leaving the estate.

Declaration of inheritance is performed in the following two cases:
– The declarant is the sole person entitled to the estate under the law;
– The declarants are all persons entitled to the estate under the law but agree not to divide the estate.

When to Carry Out the Declaration of Inheritance Procedure?

Pursuant to Article 611 of the Civil Code 2015:

“Time and place of opening of inheritance
1. The time of opening of inheritance is the time when the person having assets dies. In the case where a court declares a person dead, the time of opening of inheritance is the date determined under Clause 2, Article 71 of this Code.
2. The place of opening of inheritance is the last place of residence of the person leaving the estate; if the last place of residence cannot be determined, the place of opening of inheritance is the place where the entire estate or the major part of the estate is located.”

Dossier and Step-by-Step Procedures for Declaration of Inheritance

Preparation of Dossier:

– Declaration form regarding inheritance relationship (using the form provided by the notary office);
– Documents concerning the inherited assets (such as Land Use Right Certificate, vehicle registration certificate…);
– Death certificate of the person leaving the estate;
– Birth certificate of the person leaving the estate (or other documents proving the identity of the parents of the deceased if no birth certificate exists);
– Death certificates of the parents of the person leaving the estate (if the parents are also deceased). Identity cards and household registration books of the parents (if still alive);
– Marriage certificate of the person leaving the estate or other documents proving the marital status of the deceased (if the deceased had a spouse);
– Birth certificates of the children of the person leaving the estate (if the deceased had children, including legitimate children, illegitimate children, and adopted children, whether living or deceased);
– Citizen identity cards (or citizen identity cards); household registration books of all persons declaring inheritance or agreeing on division of the estate.
– When carrying out the declaration procedure, all heirs must be present to sign; in case any heir is absent, a power of attorney must be provided to another person or to the remaining heirs.

Steps to Carry Out the Declaration of Inheritance Procedure

**Step 1: Prepare a complete dossier in accordance with regulations**

In cases where copies of documents are required, prior to receiving the notarized inheritance declaration document, the originals must be presented for verification against the copies.

**Step 2: Notarization of documents and inheritance declaration text**

After preparing the complete dossier and documents, the notary shall proceed to examine and verify:

• If the dossier is complete: The notary accepts and processes the matter and records it in the notarization register.
• If the dossier is incomplete: The notary issues a notice guiding supplementation.
• If the dossier has no basis for processing: The notary issues a notice explaining the reason for refusal.

**Step 3: Acceptance of the inheritance declaration document**

Upon acceptance of the dossier, the notary practice organization publicly posts the inheritance declaration document at the People’s Committee of the commune where the deceased last resided, for a period of 15 days.

If the last permanent residence cannot be determined, posting shall be made at the last temporary residence of the deceased for 15 days.

The posted content must clearly state the following:

• Full name of the person leaving the estate.
• Full names of the persons declaring the inheritance.
• Relationship of the declarants to the person leaving the estate.
• List of inherited assets.

In particular, the posting must clearly state the following:
“If there are any complaints or denunciations regarding omission, concealment of persons entitled to inheritance, omission of heirs, or inherited assets not belonging to the ownership or use of the person leaving the estate, such complaints or denunciations must be submitted to the notary practice organization conducting the posting.”

After the 15-day posting period, the People’s Committee of the commune where the posting occurred shall confirm the posting and retain the posting records for the duration of the posting period.

Pursuant to Article 18 of Decree 29/2015/NĐ-CP, the following points should be noted:

• Where the estate includes both immovable and movable property, or only immovable property, posting must be carried out at the People’s Committee of the commune where the deceased last resided and at the place where the land is located (if different from the deceased’s last residence).
• Where the estate consists solely of movable property and the last permanent or temporary residence of the deceased is not in the same province or centrally-run city, the notary practice organization may request the People’s Committee of the commune at the deceased’s last permanent or temporary residence to carry out the posting.

**Step 4: Execution and signing of the inheritance declaration document**

If no complaints arise from the posting, the notary practice organization proceeds to process the dossier:

• If a draft inheritance declaration document has been prepared: The notary verifies the content to ensure no provisions violate the law or are contrary to social ethics…
• If no draft has been prepared: The notary drafts the document at the request of the declarants. Upon completion, the heirs shall review the content; if they agree, they will be guided to sign the inheritance declaration document.

The notary requires the heirs to present the originals of all documents listed above for verification before recording the certification and signing each page of the document.

After certification, fees such as notary remuneration and other costs are collected, and the notarized inheritance declaration document is returned to the heirs.

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How is the Time Limit for Declaration of Inheritance Regulated?

Pursuant to Article 623 of the Civil Code 2015, the statute of limitations for inheritance is as follows:

– The time limit for an heir to request division of the estate is 30 years for immovable property and 10 years for movable property, commencing from the time of opening of inheritance. Upon expiry of this period, the estate belongs to the heir currently managing it. Where there is no heir managing the estate, the estate shall be handled as follows:
+ The estate belongs to the person in possession in accordance with Article 236 of the Civil Code 2015;
+ The estate belongs to the State if there is no person in possession as prescribed in point (a) above.
– The time limit for an heir to request confirmation of their inheritance rights or to deny the inheritance rights of another person is 10 years from the time of opening of inheritance.
– The time limit for requesting an heir to perform property obligations of the deceased is 3 years from the time of opening of inheritance.

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Some Key Notes When Carrying Out Inheritance Receipt Procedures

Persons Not Entitled to Inherit

Pursuant to Article 621 of the Civil Code:

(i) The following persons are not entitled to inheritance:
– Persons convicted of intentionally infringing upon the life or health of the person leaving the estate, or of seriously maltreating or abusing such person, or seriously infringing upon their honor or dignity;
– 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.

(ii) The persons specified in clause (i) shall still be entitled to inheritance if the person leaving the estate was aware of their conduct but still designated them to receive the estate under a will.

Accordingly, the persons listed above are not entitled to inheritance; however, if the person leaving the estate knew of their conduct but still allowed them to inherit, such persons remain entitled.

How Are Assets Without an Heir Handled?

Pursuant to Article 622 of the Civil Code 2015, assets without an heir are handled as follows: “Where there is no heir under a will or by law, or where there are heirs but they are not entitled to inherit, or they renounce the inheritance, the remaining assets after performance of property obligations and without an heir shall belong to the State.”

Where to Carry Out Declaration of Inheritance?

Declaration of inheritance is an administrative procedure aimed at determining the rights and obligations of those entitled to the estate with respect to the assets of the deceased. The procedure is carried out at a notary office located at the last place of residence of the person leaving the estate.

Fees and Charges for Notarization of Inheritance Declaration Documents

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:

Consultation on Inheritance Receipt Procedures at BKC Law

BKC Law provides comprehensive consultation services on inheritance receipt procedures, ensuring the protection of clients’ legitimate rights and interests. The process includes: identification of the inherited estate, preparation of the inheritance declaration dossier, notarization of the inheritance document, and execution of ownership transfer procedures for assets. We assist in resolving any disputes that may arise, ensuring prompt and lawful handling. With an experienced team of lawyers, BKC Law is committed to delivering optimal solutions, saving time and costs for clients.

To receive free legal consultation at BKC Law, please contact our lawyers using 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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