Procedure for Distributing Inheritance Without a Will

12 February, 2026 4 Views

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Division of Inheritance Without a Will is the legal process for distributing the estate of a deceased person in cases where no will was left or the will is invalid. In such cases, division of the estate is carried out in accordance with the law, specifically based on the principles of intestate succession. This process typically involves identifying the heirs, determining the scope of the estate to be divided, and allocating shares among co-heirs. If disputes arise, the parties may resolve them through negotiation or seek intervention from the court.

When Is Intestate Succession Applied?

Procedure for Distributing Inheritance Without a Will

Pursuant to Clause 1, Article 650 of the Civil Code 2015, intestate succession applies in the following cases:

– No will exists.
– A will exists but is invalid. An invalid will has no legal effect and falls under violations of the general conditions for civil transactions under Article 117 and the conditions for a valid will under Article 630 of the Civil Code 2015.
– Heirs designated under the will died before or at the same time as the testator; agencies or organizations designated to inherit under the will no longer exist at the time of opening of inheritance.
– Persons designated as heirs under the will have no right to inherit.
– Persons designated as heirs under the will have renounced the inheritance.
– Portions of the estate not disposed of in the will.

How Are Lines of Succession Under the Law Determined?

Heirs under the law are natural persons entitled to inherit the estate of the deceased in accordance with legal provisions. Determination of heirs by line of succession is based on three types of relationships: marriage, blood, and fosterage.

Heirs under the law are determined according to the order set forth in Clause 1, Article 651 of the Civil Code 2015:

First line of succession includes: spouse, natural father, natural mother, adoptive father, adoptive mother, natural children, and adopted children of the deceased. Regarding the inheritance relationship between spouses, upon the death of one spouse, the surviving spouse is entitled to inherit the estate. Regarding the inheritance relationship between natural parents and natural children, natural children inherit from their natural parents and vice versa. For stepchildren and stepparents, the condition of mutual care and nurture as parent and child must be met for mutual inheritance rights; such persons are also entitled to inheritance by representation and in the inheritance relationship between adopted children and adoptive parents, as well as natural parents.

Second line of succession includes: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full siblings of the deceased; nephews/nieces of the deceased where the deceased is the paternal or maternal grandparent. Note that full siblings may share the same father but different mothers, or the same mother but different fathers. A person adopted by another still inherits from their full siblings in the second line.

Third line of succession includes: great-grandparents (paternal and maternal) of the deceased; paternal and maternal uncles/aunts of the deceased; nephews/nieces of the deceased where the deceased is the paternal or maternal uncle/aunt; great-nephews/great-nieces of the deceased where the deceased is the great-grandparent.

Procedure for Division of Inheritance Under the Law

Procedure for Distributing Inheritance Without a Will

Division of inheritance under the law is specifically regulated under the Law on Notarization. Accordingly, heirs under the law may receive inheritance through a Notarized Agreement on Division of Inheritance or a Notarized Declaration of Inheritance.

– Notarized Agreement on Division of Inheritance: Heirs under the law may request notarization of an Agreement on Division of Inheritance, in which an heir may donate all or part of their share to other heirs.
– Notarized Declaration of Inheritance: The sole person entitled to inherit under the law, or all persons entitled to inherit under the law who agree not to divide the estate, may request notarization of a Declaration of Inheritance.

To receive inheritance under the law, the entitled persons must have one of these two documents notarized. Below are the notarization procedures at a notary practice organization for both types of documents:

Step 1: Preparation of Documents

– Notarization request form;
– Documents proving the relationship between the person leaving the estate and the requesting party;
– Death certificate or other documents proving the death of the person leaving the estate…
– Draft Agreement on Division of Inheritance or Declaration of Inheritance (if any);
– Personal identification documents such as citizen identity card, citizen identity card, passport, household registration book, temporary residence registration book… of the heirs;
– Documents concerning the assets, such as Land Use Right Certificate, vehicle registration certificate…

After submission of the complete dossier, the notary shall review and examine it. If complete, the notary accepts and records it in the notarization register. If incomplete, the heirs will be guided and requested to supplement. If there is no basis for processing, the notary shall explain and refuse acceptance.

Step 2: Public Posting

Posting must be carried out at the headquarters of the People’s Committee of the commune, ward, or township where the deceased last resided, with content including the full name of the person leaving the estate, names of the heirs, relationship between the deceased and the heirs, list of inherited assets…

The posting period is 15 days.

Step 3: Signing, Notarization, and Return of Results

Upon receipt of the posting results with no complaints or denunciations, the notary practice organization shall guide the heirs to sign the Declaration of Inheritance or Agreement on Division of Inheritance.

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

Upon completion of the dossier, the notary practice organization shall collect fees, notary remuneration, and other charges, and return the original Notarized Agreement on Division of Inheritance or Notarized Declaration of Inheritance to the heirs.

Some Key Notes When Carrying Out the Procedure for Division of Inheritance Without a Will

Rights and Obligations of Heirs

Rights of heirs
Heirs have the following basic rights:
– Right to receive the estate: Heirs are entitled to receive their corresponding share in accordance with the law or agreement with co-heirs. This right includes requesting competent authorities to protect their legitimate interests in case of disputes.
– Right to renounce inheritance: Pursuant to Article 620 of the Civil Code 2015, an heir may renounce inheritance, except where the renunciation is made to evade property obligations toward others.
– Time limit for renunciation: 6 months from the date of opening of inheritance (date of death of the person leaving the estate). Renunciation must be made in writing and notarized/certified.
– Right to request division of the estate: Where there are multiple heirs, an heir has the right to request division in accordance with the law or by agreement.

Obligations of heirs
Heirs not only receive the estate but must also perform the property obligations of the person leaving the estate:
– Payment of debts: Debts of the deceased (loans, taxes, contractual debts…) must be settled from the estate.
– Costs related to inheritance: Including funeral expenses, estate preservation costs, costs of performing other property obligations (if any).
– Settlement of other property obligations: If the deceased had commitments or was in the process of performing property obligations (compensation for damage, contribution to organizations), the heirs must continue to perform them.

Special Cases in Inheritance

Persons not entitled to inheritance
Article 621 of the Civil Code 2015 lists the following cases where inheritance rights are excluded, except where the person leaving the estate knew and still allowed inheritance:
– Intentional infringement upon the life or health of the person leaving the estate or other heirs to seize assets.
– Serious maltreatment, abuse, or breach of support obligations toward the person leaving the estate.
– Deception, coercion, or obstruction of the person leaving the estate in making a will.

Heirs entitled irrespective of the will’s content
Article 644 of the Civil Code provides that certain persons remain entitled to inheritance even if not named in the will:

Minor children.
Adult children incapable of working (disabled, chronically ill).
Parents, spouse of the person leaving the estate, if they are incapable of working.
These persons are entitled to at least two-thirds of the share of an heir under the law if the will reduces their entitlement.

Statute of limitations for filing inheritance claims
The statute of limitations for filing inheritance claims is regulated under Article 623 of the Civil Code 2015:

30 years for immovable property: The limitation period for requesting division of inheritance, confirmation of inheritance rights, or denial of inheritance rights related to immovable property is 30 years from the date of opening of inheritance. For example, if the estate includes land or housing, heirs may file a claim within this period.
10 years for movable property: If the assets are movable (vehicles, cash, gold, shares…), the limitation period for filing a claim is 10 years from the date of opening of inheritance.

No limitation period applies to confirmation of ownership rights: If an heir is managing inherited assets that are occupied by others, they may request the court to confirm ownership regardless of the time elapsed.

Upon expiry of the limitation period: If no claim is filed within the prescribed time, the right to file is lost, but actual ownership and management rights may be established through continuous use.

Resolution of Inheritance Disputes

Inheritance disputes often arise due to disagreements over rights and interests among the parties. Below are the basic steps for resolution:

Common types of disputes
– Disputes over lines of succession: Parties disagree on who belongs to which line or who has priority.
– Disputes over estate shares: Disagreement on the allocation ratio among heirs, especially when the estate includes assets of varying value.
– Disputes over inherited assets: Uncertainty as to which assets form part of the estate (e.g., separate or joint property of the deceased).
– Disputes over the validity of a will: The will is alleged to be invalid or involves fraud or coercion.

Procedure for resolving inheritance disputes
– Negotiation and mediation: Heirs should attempt to reach agreement independently or with third-party assistance (lawyers, mediators) to achieve consensus.
– Filing a lawsuit at court: If mediation fails, any party may file a petition with the competent court.
– Court resolution: The court accepts the case, conducts trial, and issues a final judgment on division of the inheritance estate.

Evidence required during resolution
– Personal documents: Birth certificates, marriage certificates, documents proving inheritance relationship.
– Ownership documents: Land use right certificates (red book/pink book), vehicle registration, other valuable asset documents.
– Documents related to the estate: Death certificate, will (if any), loan contracts, asset valuation minutes.

Consultation on Procedures for Division of Inheritance Without a Will at BKC Law

Division of inheritance without a will is a complex legal process that requires in-depth knowledge of inheritance law to ensure distribution in accordance with the law and protection of the legitimate rights of the parties involved. At BKC Law, we are proud to serve as a trusted partner, offering specialized and comprehensive consultation services in the field of inheritance, particularly division of inheritance without a will.

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