LATEST LEGAL PROCEDURES FOR STATUTORY INHERITANCE DIVISION

In addition to inheriting assets under a will, heirs may also inherit under statutory succession in certain circumstances. The article below, prepared by ADVN Law, provides detailed and up-to-date information on the legal procedures for dividing inheritance under the law, in accordance with current Vietnamese regulations.

1. When is inheritance divided under statutory succession?

According to Article 650 of the 2015 Civil Code, statutory succession applies in the following cases:

· There is no will;

· The will is invalid;

· The heirs designated in the will died before or at the same time as the testator;

· The organization or agency designated in the will no longer exists at the time the inheritance is opened;

· The designated heirs under the will are not eligible to inherit or have declined the inheritance.

In addition, statutory inheritance applies to portions of the estate:

· Not covered or disposed of in the will;

· Related to provisions of the will that are legally ineffective;

· Related to heirs under the will who are no longer eligible to inherit.

Thus, statutory succession only applies when inheritance cannot be distributed under a will, and only in the specific cases listed above.

2. Who is entitled to inherit under statutory succession?

According to Article 651 of the 2015 Civil Code, heirs under the law are entitled to inherit in the order of three levels of succession:

· First level of heirs: Spouse; biological or adoptive parents; biological or adoptive children of the deceased;

· Second level of heirs: Paternal and maternal grandparents; biological siblings of the deceased; nieces and nephews whose parents are the deceased’s children;

· Third level of heirs: Great-grandparents; paternal and maternal uncles, aunts; nieces and nephews of the deceased; great-grandchildren whose grandparents are the deceased.

Heirs in a lower level are only entitled to inherit if there are no surviving heirs in the higher level, due to death, disqualification, or refusal to accept the inheritance.

3. Legal procedures for statutory inheritance division

3.1. Forms of inheritance division

According to the Law on Notarization, heirs under statutory succession can divide the inheritance using one of the following documents:

· Agreement on division of inheritance: Co-heirs jointly prepare a written agreement confirming the portion each person receives. An heir may also donate all or part of their portion to another heir.

· Statement of inheritance: Used when there is only one heir or when co-heirs choose not to divide the estate and jointly declare the inheritance.

Both types of documents must be notarized at a licensed notarial practice organization.

3.2. Steps to notarize inheritance division documents

Step 1: Prepare the application dossier

The heir(s) must prepare the following documents:

· Request for notarization form;

· Documents proving the heir’s relationship with the deceased (e.g., household registration book, birth certificate);

· Death certificate of the deceased;

· Draft agreement or statement (if available);

· Identity documents: Citizen ID card/ID/passport;

· Documents proving ownership of the estate (e.g., land use right certificate, vehicle registration, etc.).

✅ Note: If the dossier is incomplete, the notary will guide the applicant to supplement or may reject the application if there is no legal basis.

Step 2: Public posting

The notarial organization will post a public notice at the People’s Committee office of the commune/ward where the deceased last resided.

The notice includes: name of the deceased, list of heirs, their relationships, and a description of the estate.

⏱ Posting period: 15 days.

Step 3: Signing and receiving notarized documents

After the posting period ends and no disputes are raised, the heir(s) will sign the documents at the notarial office. The notary will:

· Verify the original documents;

· Provide a notarized certificate;

· Collect notarization fees and service charges;

· Return the official notarized inheritance agreement or statement to the heir(s).

4. Notarization fees for inheritance documents

· Notarization fee: Calculated based on the value of the estate (per Circular 257/2016/TT-BTC).

· Notarial service charge: Agreed upon between the notarial office and the heir but must not exceed the fee cap set by the province or city.

5. Conclusion

Understanding the legal procedures for dividing inheritance under statutory succession is essential for heirs to exercise their rights properly, efficiently, and in accordance with the law. Especially when no valid will exists, applying statutory succession is the only legal basis for dividing the estate.

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