Enjoy inheritance according to law?
Reply:
Your parents died without leaving a will. The property your parents left behind is a house in Da Nang city. According to the provisions of the 2015 Civil Code, the house your parents left behind will be divided according to the law.
Pursuant to Article 651 of the 2015 Civil Code: Legal heirs are prescribed in the following order:
a) The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;
b) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;
c) The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, paternal aunt, maternal great-grandchild.
Heirs of the same line enjoy equal shares of the inheritance.
Those in the next line of inheritance are only entitled to inherit, if there is no one left in the previous line of inheritance because they are dead, have no right to inherit, are disqualified from inheriting or refuse to receive the inheritance.
Accordingly, you are the child of your parents, you areheirbelong to the first line of inheritance of your parents.
Therefore, you absolutely have the right to enjoy your parents' inheritance like other co-heirs. The other co-heirs have denied their right to enjoy the inheritance, so you are the only one who can legally inherit this house.
To enjoy the heritage of the house mentioned above, you need to follow the following order and procedures:
Step 1. Contact the notary office to do:
- Those who are entitled to the inheritance should contact the notary office to prepare a notice of inheritance declaration.
- Publicly post the notice of opening procedures for claiming inheritance at the People's Committee of the ward or commune where the inheritance is located or the last residence of the person leaving the inheritance within 15 days.
- If after the listing period there are no disputes or complaints, the beneficiary will proceed to declare the estate at the notary office.
Step 2. Records and documents that need to be prepared include:
- Documents proving the assets of the person leaving the inheritance;
- Death certificate of the person leaving the inheritance;
- Personal documents of first-line heirs;
- If biological parents or adoptive parents (household registration book, ID card) are dead, they must have a death certificate or a certificate from a competent authority certifying that they died before the death of the person leaving the inheritance. ;
- Biological and adopted children (household registration book, ID card, birth certificate);
- Curriculum vitae of the above person certified by the local government;
- The public listing period is 30 days. If there are no complaints, the inheritance will be divided according to the will or inheritance according to the provisions of law.
Step 3. Pay taxes
The beneficiary of the estate should contact the competent tax agency to carry out procedures for paying taxes and registration fees (if any).
Step 4. Transfer the property to the beneficiary inherit according to will
- Submit the application to the application receiving department of the People's Committee of the district where the heritage is located.
- The officer receiving the documents records the appointment slip and receives a receipt with an appointment date for resolution.