Contents
1. Conditions for heirs to refuse to receive the estate
According to Article 620 of the Civil Code 2015 stipulates the condition that heirs are entitled to refuse to receive the estate, specifically:
– The refusal to receive an estate is not intended to evade the fulfillment of one’s property obligations towards another.
– The refusal to receive the estate must be made in writing and sent to the administrator of the estate, other heirs and the person assigned to divide the estate.
– The written refusal to accept the estate must be shown before the time of division of the estate
2. Order and procedures for refusal to receive inheritances
The aspirant heir refuses to accept the actual inheritance in the following order:
Step 1: Prepare a dossier of refusal to receive an inheritance
A person who refuses to receive an inheritance prepares the following documents:
– A written refusal to accept an inheritance that commits that the refusal to accept the inheritance is not intended to evade the fulfillment of property obligations (draft).
– Identity card/Citizen ID (certified copy).
– Family registration book (certified copy).
– Will (certified copy) in case of inheritance under a will or Document proving the relationship between the person leaving the estate and the person requesting notarization under the law on inheritance in case of legal inheritance.
– Death certificate of the bequeathed person (certified copy).
– Certificates of ownership, right to use (certified copies) or replacement papers prescribed by law for assets for which ownership and use rights must be registered in case of contracts or transactions related to assets (certified copies).
Step 2: The person refusing to receive the estate shall notarize the written refusal to receive the inheritance at the notary office/notary office
– The notary examines the record refusing to accept the inheritance.
– The person who refuses to receive the inheritance shall sign the document refusing the inheritance in front of the notary, in case the document has 02 pages, he must sign all 02 pages.
– In case the person who refuses to receive the estate cannot sign it, it must be signed; If that person cannot read, hear, sign, or score, there must be 02 witnesses.
– The probate officer executes the attestation for the written refusal to accept the estate.
(In case the notary public examines and finds that the record is missing, the person who refuses to receive the estate or the invalid record shall explain to the person refusing to receive the estate that it is impossible to authenticate the written refusal to receive the estate)
Step 3: Receive a written recognition of refusal to accept the inheritance
– The person who refuses to receive the inheritance shall pay a notary fee and remuneration of VND 20,000 (according to Clause 3 Article 4 of Circular 257/2016/TT-BTC).
– Receive a written recognition of refusal to accept an inheritance.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Inherit inheritance
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.