Process, Procedures, and Documentation for Inheriting an Estate Execution
According to Point a, Clause 1, Article 651 of the Civil Code 2015, the first heirs include: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, adoptive children of the deceased. According to the information you provided, currently, your 3 siblings belong to the first heir group.
Since your parents did not leave a will, the estate is divided among the heirs according to the law.
Estate Inheritance Procedure:
- Authority: Your family can notarize the written acceptance of the estate inheritance being ownership of a house at any notarization organization within the locality where the real estate is located.
- Inheritance dossier includes:
+ Notarization request form according to the template;
+ Certificate of house ownership;
+ Death certificates of your parents;
+ Identity documents of the heirs;
+ Other documents (such as: birth certificates, marriage certificates, etc.).
- Inheritance acceptance procedure:
After checking the dossier to be complete and valid, the notary agency will publicly post the notice at the headquarters of the People's Committee of the commune (ward), where the deceased was previously residing; in case there is no place of permanent residence, it will be posted at the People's Committee of the commune where the deceased had temporary residence. If neither place can be determined, it will be posted at the People's Committee of the commune (ward) where the real estate is located.
After 15 days of posting, if there are no complaints or denunciations, the notary agency certifies the inheritance document. The co-heirs can draft the Agreement on Division of Inherited Estate (According to Article 57 of the Law on Notarization 2014) or the Inheritance Acceptance Document (According to Article 58 of the Law on Notarization 2014). After notarizing the inheritance document, the beneficiaries of the estate shall carry out the procedure for property rights registration at the Land Use Rights Registration Office under the District Natural Resources and Environment Office where the land is located.
Registering the Ownership Transfer of the House:
- Authority: Land Registration Office
- Dossier:
+ Original notarized agreement on the division of inherited estate;
+ Certificate of house ownership;
+ Death certificates of your parents;
+ Identity documents of the heirs;
+ Other documents (such as: birth certificates, marriage certificates, etc.) of the heirs.
- Procedure:
After receiving the dossier, the Land Registration Office has the responsibility to verify the dossier, make excerpts from cadastral records; send cadastral data to the tax authority to determine financial obligations (if any); amend the issued certificate or carry out the procedure for issuing a new certificate in case a new one needs to be issued. After the heir fulfills the financial obligations, the Land Registration Office is responsible for awarding the land use rights certificate and house ownership rights to the new owner.
=> Thus, to complete the procedure for accepting the inheritance of a house and land related to the above house, it is necessary to comply with the aforementioned procedures. It is mandatory for each inheritance dossier to include the birth certificate of the children to prove the blood relationship. The dates of birth, and names must match with other types of documents. In cases where the dates of birth differ from those on the identity card/ Citizen ID, household register, or birth certificate, they must be corrected at the competent state authorities. The birth certificate is considered the original document as the basis for reissuing other documents.
Sincerely!
