Declarations for acceptance of estate are to establish property rights to the inheritance of the beneficiary in the will or the heirs in accordance with the law at the time the inheritance right after the estate leaver’s death. The following is the most detailed guidance on procedures for declarations for acceptance of estate in Vietnam.
Article table of contents
1. Dossier
When carrying out the procedures for declaring the inheritance, the estate recipient needs to prepare the following documents:
- The estate leaver’s death certificate;
- Documents proving the property of the person leaving the estate include: Certificate of land use rights; ownership of houses and other land-attached assets; saving; vehicle registration certificate; share certificates; etc.;
- Personal papers of the heir: ID card, household registration; etc.;
- Testament (if any);
- Papers proving the relationship with the estate leaver (applied for cases of inheritance in accordance with law);
- Marriage registration or proof of marital status of the estate leaver (if any);
2. Procedures for declarations for acceptance of estate
The notarization of written declarations for acceptance of estate is carried out at notarial practice organizations including notary bureau and notary office.
Pursuant to Article 58 of the Law on Notarization 2014 of Vietnam, procedures for declarations for acceptance of estate are conducted as follows:
Step 1: Prepare necessary documents as mentioned above (1 set)
Step 2: Notarization of written declarations for acceptance of estate
- Person requests for notarization submits all the above-mentioned documents to the Notary. If the declaration of inheritance has complicated contents or involves a large amount of property, the Notary shall post up the notice of inheritance at the People's Committee of ward within 30 days;
- After the listing period, if there are no complaints or lawsuits (certified by the People's Committees of wards and communes), the Notary shall make a written agreements on division of estate;
- Inheritance declarants read the Document and, when agreeing with the contents, sign the document in front of the Notary;
- The Notary signs the Document for notarization;
- The notarization requester shall pay the fee and stamp the Notary Office's seal.
3. Fees for notarization of written declarations for acceptance of estate
Fees for notarization of written declarations for acceptance of estate are specified in the Circular No. 257/2016/TT-BTC of the Ministry of Finance of Vietnam. The notarial service fee shall be calculated according to the value of inherited property.
Concurrently, notarization remuneration specified in Article 67 of the Law on Notarization 2014 of Vietnam shall be agreed upon by the notarial practice organization and the notarization requester. However, the notarization remuneration must not exceed the ceiling rate of notarization remuneration promulgated by the provincial-level People’s Committee.
Duc Thao
- Key word:
- Law on Notarization 2014
