What is inheritance declaration? The most accurate inheritance declaration procedure

Declaration of inheritance is not a complicated procedure. However, you need to follow the process correctly and fully to receive the property quickly. Today, let’s find out with lassho.edu.vn right away what is inheritance declaration? The most accurate inheritance declaration procedure .

What is inheritance declaration?

Inheritance declaration shall be made in accordance with the provisions of law.

Declaration of inheritance is a procedure to confirm the property rights with the estate of the deceased . The beneficiary will receive the property in accordance with the provisions of law.

According to Article 58 of the Law on Notary Public, there are 2 cases when declaring inheritance

• The only person entitled to the estate according to the law;

• People who are entitled to the same estate according to the law but agree not to divide the estate.

However, according to Article 651 of the 2015 Civil Code , it is clearly stated that those who receive property will enjoy an equal share of the estate. Or the heir has only one person and is prioritized as follows:

• The first line of inheritance includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;

• The second line of inheritance includes: grandfather, grandmother, grandfather, grandmother, brother, sister, brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;

• The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandson of the deceased, but the deceased is a paternal great-grandfather.

The most detailed guide to declaring inheritance

Dossier to prepare

The dossier must require a copy of the will in accordance with the provisions of law.

According to Article 58 of the Law on Notarization, in order to notarize an inheritance declaration, a notarization requester must fully prepare the following documents:

• Notarization request form;

• A copy of the will if inheriting according to a will or papers proving the relationship between the estate leaver and the notarization requester if the inheritance is divided according to law;

• Death certificate or other document 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 of inheritance declaration (if any);

• Personal papers: Identity card, citizen identity card or passport or household registration book, temporary residence book… of the person declaring the inheritance;

• Property documents: Certificate of land use rights, car registration, etc. Other documents on common/separate property status such as divorce judgment, donation document, property agreement public/private…

• Power of attorney contract (if any in case many people inherit but do not divide the estate)…

Competent authority to implement

There are only notary offices or public offices to carry out the procedures for declaring inheritance.

After preparing all kinds of documents, to be able to notarize documents, you need to go to a practicing organization in the Notary Public or the Notary Office to perform the next steps.

For further reference: Procedures for inheriting land and house use rights to take steps in accordance with state regulations

Order and procedures for notarization of inheritance declaration documents

Step 1: Prepare all required documents

ID card/CCCD is an indispensable document.

You need to prepare the above-mentioned documents, you should note that for notarized photo papers, you must bring the original for comparison.

Step 2: Notarize the declaration of inheritance

The notary will review and examine your case.

After submitting all required documents, the notaries begin to review and check your application.

• If the dossier is sufficient: The notary will receive it and record it in the notary book .

• If the document is still lacking: the notary will guide you and ask for additional information .

• If your case has no basis for notarization: the notary will give the reason why your application was rejected, you can consult the notary’s support and make another file or stop declaration of inheritance.

Step 3: Posting the acceptance of the estate declaration document

After the Notary Public receives, your application will be posted at the People’s Committee

After your application is complete and received by the notary public, it will then be publicly posted at the People’s Committee of the commune where the person leaving the property permanently resides.

If the property leaver’s residential address cannot be confirmed, your application will be posted within 15 days.

Things you need to note about listing content

The listing content must clearly state the information

The listing content must clearly state:

• Full name of the person leaving the estate;

• Full names of those who claim the estate;

• Relationship of estate claimants with estate leavers;

• Inheritance Directory.

The notice of listing must clearly state: A denunciation must be sent to the listing notarial practice organization when encountering cases of omission or concealment of the beneficiaries of the estate, omission of the heirs or the inheritance. If it is not under the ownership or use rights of the person leaving the estate, then make a complaint.

It is the responsibility of the People’s Committee to confirm the listing after 15 days

Ward People’s Committees are responsible for certifying the listing after 15 days

Article 18 of Decree 29/2015/ND-CP stipulates the following provisions:

• If the estate has both immovable property and movable property or only immovable property, it must be posted up at the People’s Committee of the place where the person leaving the estate permanently resides and the place where the land is located (if the place of land is different from the place of permanent residence of this person);

• If the estate has only movable property, the headquarters of the civil servant practice organization and the last place of permanent residence/temporary residence of the leaver is not in the same province, the commune-level People’s Committee of the place where the leaver of the estate is located can be requested. permanent/temporary resident inheritance listed.

Step 4: Instructions to sign the document of inheritance declaration

The notary will guide and process your case.

After the above steps, your file will be listed and if there are no complaints or denunciations, the notarial practice organization will handle your file.

• If there is a draft Affidavit: in this case the notary will check the content of the document and make sure that the Document does not violate anything with the Law, with social ethics.

• If there is no draft declaration document: at this time, the notaries will draft it at the request of the estate declarant. After the document drafting process is completed, the heir reads the content and agrees to the notary guide to sign the document on inheritance declaration.

Step 5: Sign the certificate and return the results

Sign the application and return the results

At this time, the notary requires the heir to present the originals of the documents related to the file for further comparison before confirming in the Testimony and each page of the Inheritance Declaration.

After you have signed, the notary party will request the payment of notary fees, other expenses and hand over the original Affidavit to the heir.

Above are the necessary procedures that you need to understand when going to claim the most accurate inheritance. You should clearly refer to the requirements so that the process can go faster. Hope the above information will be useful to you.

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