After the time of opening the inheritance, there are two types of procedures to transfer property ownership from the deceased to the heirs: the procedure for declaring the inheritance or the procedure for agreeing to divide the inheritance. The following article details these two types of procedures.
1. Procedures for agreeing on division of estate
After the announcement of the opening of the inheritance or the will is announced, the heirs can meet to agree on the division of the estate. All agreements between heirs must be made in writing according to the provisions of Article 656 of the 2015 Civil Code.
When legal heirs have reached an agreement on the division of inheritance, they must notarize that agreement at the Notary Office. Notarization procedures are prescribed in Article 57 of the 2014 Notary Law as follows:
Article 57 of the Notary Law 2014
1. Heirs at law or under a will whose will does not clearly identify each person’s inheritance share have the right to request a notarization of the inheritance division agreement document.
In the written inheritance division agreement, the beneficiary of the estate can donate all or part of the estate he or she is entitled to to another heir.
2. 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. leave that legacy.
In case of inheritance according to law, in the notarization request file there must be 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.
3. The notary must check to determine that the person leaving the estate is the person with land use rights and property ownership and that the people requesting notarization are indeed the 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.
4. A notarized written agreement to divide the estate is one of the bases for the competent state agency to register the transfer of land use rights and property ownership to the beneficiary of the estate.
Thus , it is not required to notarize the inheritance division agreement document. However, in cases where the inheritance is land use rights or assets that must be registered for ownership and must be notarized or authenticated according to the law, the written inheritance division agreement must be notarized or authenticated. that property so that the agreements in the document have legal value.
2. Procedures for declaring inheritance
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.
2.1. Profile components
To carry out the procedure for declaring inheritance, the heir must prepare a complete set of documents according to the provisions of law, including:
– Request form for notarization of inheritance declaration documents provided by notary organizations;
– Documents proving the legal right to use or own assets of the person leaving the legacy (for example: Certificate of land use rights, ownership of houses and other assets attached to land, Certificate of land use rights, ownership of houses and other assets attached to land, savings, bank cards,…);
– Legal will (in case of testamentary inheritance);
– Documents proving the personal relationship of the person leaving the legacy with the person entitled to the inheritance (in case of legal inheritance): Birth certificate, Marriage registration certificate, Household registration book ;
– Death certificate of the person leaving the estate.
2.2. Procedures for claiming inheritance
Pursuant to the provisions of Article 18 and Article 58 of Decree 29/2015/ND-CP, after preparing a complete set of documents, the person declaring inheritance shall submit this set of documents to practicing organizations. Notarized;
– The notary must check the completeness and legality of the dossier to determine that the person leaving the legacy is the person with land use rights and property ownership and that the people requesting notarization are the right people. enjoy inheritance; 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;
– If the notarization request documents are complete and valid, the notary practice organization is responsible for posting the acceptance of notarization of the estate division agreement document before performing the notarization;
– Notarization of inheritance division agreement documents and inheritance declaration documents 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 case the estate includes both real estate and movable property or the estate only includes real estate, the listing shall be carried out according to the provisions of this Clause and at the People’s Committee of the commune where the real estate is located.
– In case the estate only consists of movable property, 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 directly under the Central Government. Notary practice organizations 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.
The listing content must clearly state the full name of the person leaving the legacy; Full names of people who agree to divide or claim inheritance; The relationship between those who agree to divide or claim inheritance with the person leaving the inheritance; inheritance list. The listing must clearly state if there are complaints or denunciations about omission or concealment of beneficiaries of inheritance; omission of heirs; If the inheritance does not belong to the ownership or use rights of the person leaving the legacy, such complaints and denunciations shall be sent to the notary practice organization that performed the listing.
The commune-level People’s Committee where the listing is posted is responsible for confirming the listing and preserving the listing during the listing period.
