A declaration of inheritance declaration is a procedure to establish property rights to a beneficiary /beneficiaries (a/k/a heir/heirs) included in a will according to the provisions of law at the time of inheritance – usually upon the death of the estate owner.
However, the declaration of inheritance, according to regulations, only occurs in 2 instances:
Therefore, compared with the heirs within the same familial lineage, who specifically divide the inheritance of each person, the declaration of inheritance will agree NOT TO divide that estate or when the heir has only one person.
1. Preparation of Documents
In order to notarize a declaration for acceptance of estate, the notarization requester must fully prepare the following documents:
2. Procedures for notarization
The requester prepares all the documents as mentioned above (1 set).
Note: Original documents must accompany all photocopies for the purpose of comparison.
After submitting all required documents, the notary will examine the documents:
3. Posting orders
The declaration of inheritance reception must be posted by the notary organization at the People’s Committee of the commune of the last known residential address of the deceased/departed;
If such residence is unidentifiable, the document must be posted where deceased/departed last temporarily resided. Declaration of inheritance reception must be posted for 15-days.
The document content must clearly state:
The posted document must specify that any complaint or denunciation against unintentional or deliberate omission of inheritance beneficiaries or inheritors; the inheritance is not under the ownership of the deceased and has been sent to the notary office which posts the document.
After 15-days of listing, the Commune People’s Committee is responsible for certifying the listing.
Note:
If the inheritance consists of both real estate and movable assets, or the inheritance is only real estate, the document must be posted in accordance with this Clause at the People’s Committee of the commune where the real estate is located.
If the inheritance consists of only movable assets, the notary office and the deceased’s last permanent or temporary residence are not in the same province, then the notary office may request the People’s Committee of the commune where the deceased’s residence is located to impose a deadline for posting.
4. Sign the document declaring the inheritance
After receiving the listing without complaint or denunciation, the notarial practice organization shall handle the dossier
5. Sign the certificate and return the results
The notary requires the heir to present the originals of the above-mentioned documents for comparison prior to signing the Testimony and each page of this Declaration.
After signing, fees are collected, notarization remuneration, miscellaneous expenses, and return the original of the declaration to the heir.
Above are details of the procedures for declaring inheritance according to the latest regulations. Each citizen needs to know to protect their rights and interests as well as make the declaration of heritage as quickly as possible.
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