Procedure for Distributing Inheritance According to a Will

12 February, 2026 1 Views

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Division of Inheritance by Will is an important aspect of civil law, reflecting the personal will of the person leaving the estate. A will, in written form, serves not only as a legal instrument for determining the distribution of assets but also as a means for the testator to express their wishes and sentiments toward family members or organizations. However, for the will to have legal effect and for the inheritance division to proceed smoothly, a strict procedure must be followed, including steps from verifying the validity of the will to dividing the assets according to its recorded content. In the context of Vietnamese law, a clear understanding and proper implementation of this process are essential to ensure the rights of the involved parties and to prevent unnecessary disputes.

What Is Inheritance by Will?

Procedure for Distributing Inheritance According to a Will

Inheritance by will is the form of inheritance in which the distribution of the deceased’s assets (the person leaving the estate) is carried out in accordance with the wishes and intentions recorded in the will. A will may be made in writing or, in exceptional circumstances, orally (oral will).

Conditions for a Will to Take Effect

Conditions Regarding Form

A will may be made in two main forms:

Written will:
- Written will without witnesses: The testator writes and signs it personally.
- Written will with witnesses: Where the testator is unable to write personally, the will must be witnessed by at least two persons. The testator signs or places a fingerprint in the presence of the witnesses, who then sign to confirm.
- Notarized or certified written will: Executed at a notary office or People’s Committee at the commune/ward level to ensure authenticity and legality.
Oral will: Applicable only when the testator is in a life-threatening situation and unable to make a written will. An oral will must be recorded by at least two witnesses and notarized or certified within 5 days.

Conditions Regarding Content

The content of the will must satisfy the following requirements:

Information of the testator: Full name, date of birth, address.
Heirs: Full name and information of the individuals or organizations designated to receive the estate.
Inherited estate: Clear identification of the type of assets, value, or specific portion allocated to each heir.
Rights and obligations of the heirs (if any).
Instructions or other content related to the execution of the will.

Conditions for the Legality of the Will

For a will to be legally valid, the following must be ensured:

The testator has full civil act capacity at the time of making the will.
The content of the will does not violate legal prohibitions or contravene social ethics.
The will is made voluntarily, without deception, coercion, or threat.

If the will violates any of the above conditions, it may be declared partially or wholly invalid under the law.

Key Considerations When Inheriting by Will

Verification of the Will’s Legality

Legal form: The will must comply with the prescribed form (written with or without witnesses, notarized/certified, or oral in exceptional cases).
Legal content: The content must not violate legal provisions or social ethics.
Capacity of the testator: The testator must have full civil act capacity, without deception, coercion, or threat.

Clear Identification of the Inherited Estate

Scope of the estate: Accurately identify all assets included in the estate, such as real estate, bank deposits, personal property, shares, bonds…
Legal status of assets: Verify whether the assets are subject to disputes, pledges, mortgages, or joint ownership.

Heirs Entitled Irrespective of the Will’s Content

Certain heirs are entitled irrespective of the will’s content pursuant to Article 644 of the Civil Code, including:

Minor children, parents, spouse, or adult children incapable of working.
These persons are entitled to at least two-thirds of the share of an heir under the law, even if not mentioned in the will.

Determination of the Will’s Effect

Time of opening of inheritance: The date of death of the person leaving the estate.
Effect of the will: The will takes effect from the time of opening of inheritance, except where declared invalid or no longer effective (e.g., designated assets no longer exist).

Procedure for Division of Inheritance by Will

Publication of the will: After the death of the person leaving the estate, the will must be made public for all relevant parties to be informed.
Agreement on division of the estate: The parties may agree on the division in accordance with the will.
Legal procedures: For example, name transfer of real estate ownership, withdrawal of bank deposits… must be supported by lawful documents.

Handling Inheritance Disputes

If disputes arise concerning the validity of the will or inheritance rights, the parties may file a lawsuit at court. The court will examine the will’s legality and resolve the matter in accordance with the law.

Property Obligations of the Person Leaving the Estate

Before dividing the estate, the estate must be used to settle any property obligations of the deceased, such as debts, taxes, or other liabilities.

The above considerations help ensure that the inheritance process complies with the law, minimizes conflicts, and protects the legitimate rights of the parties involved.

Procedure for Declaration of Inheritance by Valid Will

Preparation of the Inheritance Declaration Dossier

Heirs must prepare complete documents for submission to the notary office. The dossier includes:

Legal documents related to the person leaving the estate

Death certificate: Original or certified copy to confirm the death of the person leaving the estate.
Valid will: Original will (or certified/notarized copy).

Documents proving ownership of assets

Immovable property: Land Use Right Certificate, certificate of residential ownership and other assets attached to land.
Other assets: Savings book, share certificate, vehicle registration, or related documents.

Personal documents of the heirs

Identification documents: Citizen identity card (CMND), citizen identity card (CCCD), or passport.
Household registration book: If required to verify family relationship with the deceased.

Submission of Dossier and Notarization of the Inheritance Declaration Document

Submission to the notary authority
Heirs submit the dossier to a notary office or notary public with jurisdiction. The notary verifies the documents, confirms the validity of the will, and checks asset ownership.

Posting of the inheritance declaration notice

The notary publicly posts the inheritance declaration notice at the People’s Committee of the commune/ward where the deceased last resided.
Posting period: 15 working days from the date of receipt of the notice.
Purpose: To notify relevant parties and prevent potential disputes or claims regarding inheritance rights.

Drafting and Notarization of the Inheritance Declaration or Division Agreement

Upon completion of the posting period without complaints, the notary proceeds as follows:

In the case of a single heir

Draft an inheritance declaration document confirming the sole heir’s right to the entire estate.

In the case of multiple heirs

The parties jointly agree to draft an agreement on division of the inheritance estate.
The document clearly specifies the portion of the estate allocated to each heir, in compliance with the will and legal provisions.

Completion of Ownership Registration Procedures for Assets

After obtaining the notarized declaration or division agreement, heirs must complete ownership transfer procedures at the competent state authority:

For immovable property

Submit the dossier to the Land Registration Office where the property is located to register the change of name.
Dossier includes: Notarized declaration/division agreement, Land Use Right Certificate, identification documents, and related papers.

For other assets

Carry out ownership transfer procedures at the relevant authorities:
- Banks (for savings accounts).
- Securities companies (for shares, bonds).
- Vehicle registration authorities (for motor vehicles).

Related Financial Obligations

Before finalizing the inheritance receipt, heirs must fulfill the following financial obligations:

Settlement of the deceased’s property obligations

Debts, taxes, or other financial obligations of the deceased must be settled before dividing the estate.

Personal income tax and registration fees

Personal income tax: Applicable to inheritance of assets, except in exempt cases (inheritance between spouses, parents and children…).
Registration fees: Payable when registering ownership of immovable property or vehicles.

Completion of the Process and Use of the Estate

Upon completion of all the above steps, heirs are officially entitled to own, use, and dispose of the assets in accordance with their rights.

Important notes

Inheritance disputes: If disputes arise regarding the validity of the will or inheritance rights, the declaration process may be suspended pending a court decision.
Effect of the will: The will takes effect from the time of opening of inheritance (upon the death of the person leaving the estate). However, the will becomes invalid if it violates legal provisions or is declared invalid by the court.

Consultation on Declaration of Inheritance by Will at BKC Law

Declaration of inheritance by will is a complex legal process that requires in-depth knowledge of inheritance law to ensure distribution in accordance with the testator’s wishes and to protect 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 declaration of inheritance by will.

Professional and Comprehensive Consultation Services

We support clients throughout all stages of the inheritance declaration process, including:
1. Verification and assessment of the will’s legality:
Evaluation of the form and content of the will in accordance with legal requirements.
Advice on handling cases where the will shows signs of invalidity or non-compliance.
2. Identification of the estate scope and heirs:
Review and verification of assets included in the estate, from real estate and bank deposits to other property.
Determination of each heir’s entitlements under the will, including those entitled irrespective of the will.
3. Drafting of declaration or division agreements:
Assistance in preparing the inheritance declaration or division agreement, ensuring legality and optimization of rights.
Representation before notary offices for notarization of the declaration or division document.
4. Execution of ownership transfer procedures:
Advice and implementation of related legal procedures, such as name transfer of land use rights, transfer of assets at banks, securities companies…
Support in fulfilling financial obligations, including personal income tax and registration fees.

Dispute Resolution and Client Rights Protection

In the event of inheritance disputes, our team of lawyers at BKC Law will represent clients in negotiation, mediation, or litigation before the courts. We are committed to maximizing the protection of clients’ legitimate rights and interests, ensuring the inheritance process complies with legal requirements and the testator’s intentions.

BKC Law’s Commitment

Efficiency and accuracy: We ensure the inheritance declaration process is completed promptly and accurately, minimizing legal risks.
Confidentiality and dedication: Client information is strictly confidential. Our lawyers are always dedicated and accompany clients throughout every stage.
Reasonable fees: Our services are flexible, with transparent pricing tailored to each client’s needs.

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