1. What is claiming inheritance?

Declaration of inheritance is one of the mandatory procedures when you want to inherit the inheritance left by the deceased. The procedure for declaring inheritance is carried out at the People's Committee at the local level. commune where there is an inheritance left behind. This is a familiar and mandatory procedure in inheritance. Accordingly, we can understand that inheritance declaration is a procedure to establish property rights to the inheritance of the beneficiary in the will or the heirs according to the provisions of law in Vietnam. the time when the right of inheritance arises after the death of the person leaving the estate.

Pursuant to the provisions in Clause 1, Article 58, Notary Law 2014, the notarization and authentication procedures for implementing the estate declaration procedures are applied to the case of "The only person entitled to inherit the estate." according to the law or those who are jointly entitled to the inheritance according to the law but agree not to divide the inheritance have the right to request the notarization of the inheritance declaration document.

2. Documents and procedures for declaring inheritance

Pursuant to the provisions of Articles 57 and 58 of the Notary Law 2014, there are regulations on notarization of heritage declaration documents as follows:

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The sole person who is entitled to the inheritance according to the law or those who are jointly entitled to the inheritance according to the law but agree not to divide the inheritance has the right to request a notarization of the inheritance declaration document.

In case the inheritance is land use rights or assets that are required by law to register ownership rights, the notarization request file must contain documents proving the land use rights and property ownership of the person leaving behind. that legacy.

In the case of inheritance according to law, the notarization request must include documents proving the relationship between the person leaving the estate and the beneficiary of the estate according to the provisions of law on inheritance. In case of inheritance by will, the notarization request must include a copy of the will.

The notary must check to determine that the person leaving the estate is the person with the right to use the land and own the property and that the people requesting notarization are the correct beneficiaries of the estate; If it is unclear or there are grounds to believe that leaving an estate and enjoying the estate is not in accordance with the law, refuse the notarization request or, at the request of the notary requester, the notary will conduct verification or request an appraisal.

Notary practice organizations are responsible for posting the acceptance of notarization of estate division agreement documents before performing the notarization.

Thus, the documents that need to be prepared when declaring inheritance include the following documents:

 - Notarization request form;

- A copy of the will if the inheritance is based on a will or documents proving the relationship between the person leaving the legacy and the person requesting notarization if the inheritance is divided according to law;

- Death certificate or other documents proving that the person leaving the estate has died; Marriage certificate of the person leaving the estate, certificate of marital status (if any)...

- Draft document declaring inheritance (if any);

- Personal documents: Identity card, Citizen identification card or passport or household registration book, temporary residence book of the person claiming inheritance;

- Property documents: Land use rights certificate, car registration... Other documents on common/private property status such as divorce judgment, property donation document, financial agreement joint/private property…

- Authorization contract, if any, in case many people receive inheritance but do not divide the estate

About procedures

After checking the dossier to see that it is complete and in accordance with the law, the notary agency will process the notarization of the inheritance declaration document. According to the law, the acceptance must be posted within 15 days from the date of posting. The listing is performed by a notary practice organization at the headquarters of the Commune-level People's Committee of the last permanent residence of the person leaving the estate; In case the last place of permanent residence cannot be determined, it should be posted at the last temporary place of residence of that person.

In cases where the estate includes both real estate and movable property or the estate only includes real estate, the listing will be carried out according to regulations and at the People's Committee of the commune where the real estate is located.

For cases where the estate only contains movable property and if the headquarters of the notary practice organization and the final permanent or temporary residence of the person leaving the estate are not in the same province or city. under the Central Government, the notary practice organization can request the Commune-level People's Committee of the place of permanent or temporary residence of the person leaving the estate to carry out the listing.

After 15 days of listing, if there are no complaints or denunciations, the notary agency will certify the inheritance document.

And after notarizing the inheritance document, the beneficiary of the inheritance carries out the procedure for registering property rights at the Land Use Rights Registration Office under the District Department of Natural Resources and Environment where the land is located.

3. Inheritance declaration service of Truong Quyen Law Office - Davilaw Branch

Currently, in order to meet the needs of customers, we have developed more customer support services from consulting services via hotline, via email address, via zalo and direct consultation at the office. room. In addition, lawyers also support litigation procedures in court when customers need to use the service.

Claiming inheritance is one of the most popular procedures today. However, the procedure and paperwork are issues that receive a lot of attention from everyone. For inheritance declaration, we have a number of services that are in need of supporting you as follows:

- Consulting on dividing inheritance according to the provisions of law so that customers can grasp the most basic information from which they can advise and guide in the most specific way possible.

- Consulting on documents to proceed with inheritance declaration. Accordingly, the lawyer will guide you through the necessary paperwork according to the provisions of law so that you can proceed to declare your inheritance according to the provisions of law.

- Consulting on procedures for declaring inheritance. Specific instructions on declaring inheritance.

- Consulting on disputes related to inheritance declaration, especially land disputes

- Procedures for declaring inheritance for co-owned assets and common assets of husband and wife

- The custom of declaring inheritance with foreign elements

- Consulting on inheritance wills. When will a will take effect? ​​The conditions for an inheritance will to be recorded are according to the provisions of law. Besides, there are also regulations on the forms of inheritance wills according to the provisions of the 2015 Civil Code.

- Consulting on inheritance according to law

- Customer support services in claiming inheritance.

- Resolve disputes related to inheritance division

- On behalf of the parties, conduct negotiations and conciliation...

- Guide and advise customers on the procedures for filing a lawsuit, the statute of limitations for filing a lawsuit, and drafting a lawsuit to a competent court.

- Participate in litigation as a lawyer to protect the rights and interests of clients at all levels of trial.