Are you unsure how to transfer ownership of a deceased person's assets to the rightful heir? Should you declare inheritance or enter into an agreement to divide the estate? The following article from ADVN Law will help you clearly understand and correctly carry out the procedure in accordance with Vietnamese law.
GUIDE TO THE STANDARD PROCEDURE FOR NOTARIZING THE DECLARATION OF INHERITANCE
1.1 What does a Declaration of Inheritance mean?
A declaration of inheritance is a legal procedure used to establish ownership rights over a deceased person’s estate in favor of the rightful heir(s) as prescribed by law. This procedure typically applies when there is only one heir or when all heirs agree not to divide the estate.
1.2 When is the procedure for declaration of inheritance applicable?
According to the Law on Notarization 2014, the notarization of a declaration of inheritance is applicable in the following cases:
There is only one legal heir;
Multiple heirs are entitled by law but agree not to divide the estate.
Note: This procedure is not applicable in cases of inheritance by will.
1.3 Competent authorities for notarization
The declaration may be notarized at a Notary Office or Notary Public Office. If the estate includes real estate, notarization must be carried out within the province or city where the property is located.
2.1 Required documents:
Notarization request form;
Draft declaration of inheritance;
Personal identification documents of the requesting party;
Certificate of ownership of the deceased’s assets;
Documents proving family relationship (birth certificate, marriage certificate, etc.);
Death certificate or documents proving that the decedent has passed away.
2.2 Step-by-step procedure:
Step 1: Prepare and submit the documents to a competent notarial organization.
Step 2: The notary reviews the documents, accepts the request, and records it in the notarial register.
Step 3: Publicly post the declaration at the Commune-level People's Committee where the deceased last had permanent residence (for 15 days).
Step 4: After the posting period ends, if there are no complaints, the notary will draft or review the declaration.
Step 5: Sign the document, the notary certifies it, and returns the notarized declaration to the requester.
ADVN Law hopes this article has helped clarify the process of declaring inheritance. If you need further consultation or assistance with the procedure, please feel free to contact us.
Ensures estate protection in the absence of an heir or estate administrator.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Sai Gon Ward, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
