How To Apply To Inherit Land and Real Estate

Are you interested in learning about the process of applying to inherit land and real estate? In accordance with the Land Inheritance Law, there are two methods of inheritance: inheritance by will and inheritance by law. If you are curious about the contents of land inheritance documents and the procedures involved, I recommend reading the upcoming article from NT INTERNATIONAL LAW FIRM. It will provide you with all the necessary information about how to apply to inherit land and real estate.

What documents are needed to apply to inherit land and real estate?

Here are the documents needed for applying to inherit land and real estate:

1. Land Change Registration Form (Form No. 09/DK):

This form is used to register and transfer ownership of the land to the heir(s).

2. Inheritance Documents:

• Will: If a will exists, it needs to be submitted as proof of the deceased’s wishes regarding inheritance.
• Inheritance Division Agreement: If the heirs have reached an agreement on how to divide the inheritance, this agreement must be submitted.
• Refusal to Receive Inheritance Document: If any heir chooses not to inherit, a written refusal document is required.
• Court Judgments: In case of inheritance disputes, copies of court judgments resolving the dispute must be provided.

3. Inheritance Registration Application:

This application specifically requests the registration of inherited land use rights and ownership of assets attached to the land. It is needed only if one person inherits both.

4. Original Issued Land Use Rights Certificate:

This certificate must be submitted as proof of ownership of the land being inherited.

Additional Documents:

• Depending on the specific circumstances, additional documents may be required by the authorities. It is advisable to consult with a lawyer or notary public for specific guidance.

Important Notes:

• All documents must be originals or certified copies.
• The documents must be complete and accurate.
• The documents must be translated into Vietnamese if they are not originally in Vietnamese.

By ensuring all required documents are prepared and submitted correctly, individuals can facilitate a smooth and efficient inheritance process for land and real estate.

What documents are needed to apply to inherit land and real estate?

What is inheritance by law?

What is inheritance by law?

Inheritance by law refers to the legal process of distributing the assets of a deceased person (the “estate”) to their heirs in accordance with established legal rules, rather than through a will. This means that the inheriting individuals are determined by law, regardless of their capacity or behavior.

Key Principles:

• Equality: Heirs within the same line of inheritance are entitled to equal shares of the estate.
• Subsequency: Subsequent heirs inherit only if all heirs in the preceding line have passed away without heirs, have lost the right to inherit, or have refused to inherit.
• Capacity: Everyone, regardless of capacity or behavior, is entitled to inherit.
• Obligations: Heirs inherit not only the assets but also the outstanding obligations of the deceased, within the scope of the estate.

Lines of Inheritance:

The 2015 Civil Code (Article 651) defines three lines of inheritance:

1st Line:

• Spouse
• Biological and adoptive parents
• Biological and adopted children

2nd Line:

• Grandparents
• Siblings
• Grandchildren of the deceased and their paternal/maternal grandparents

3rd Line:

• Great-grandparents
• Paternal and maternal aunts/uncles
• Grand-nephews and nieces of the deceased (deceased being their paternal/maternal aunt/uncle)
• Great-grandchildren of the deceased and their paternal/maternal great-grandparents

Cases of Inheritance by Law:

• The deceased did not leave a will.
• The will is invalid.
• Heirs named in the will die before or at the same time as the deceased.
• Heirs named in the will lose the right to inherit or refuse the inheritance.
• The will does not specify the distribution of the entire estate.
• Certain parts of the will are invalidated.

In Summary:

Inheritance by law ensures a fair and legal process for distributing the assets of a deceased person when a will is either absent or invalid. By understanding the legal principles and lines of inheritance, individuals can better navigate the process and claim their rightful share of the estate.

What is inheritance by will?

What is inheritance by will?

Legal Basis:

• Articles 627, 630, and 631 of the Civil Code of Vietnam.

Definition:

Inheritance by will occurs when an individual (the “testator”) creates a legal document (“will”) specifying how their assets should be distributed after their death. This allows individuals to choose their beneficiaries and control the distribution of their estate.

Form and Content Requirements:

To be valid, a will must comply with the following requirements:

• Written form: The will must be written by hand or typed.
• Witnessed: The will must be signed by two witnesses who are aware of the testator’s intention.
• Notarized: The will can be notarized for added legal certainty.
• Content: The will must clearly specify the testator’s wishes regarding the distribution of their assets.

Inheritance Rights:

• In principle, the testator has the freedom to choose their beneficiaries and the amount of inheritance each receives.
• However, certain individuals have guaranteed inheritance rights, regardless of the will’s provisions. These include:
  • Minor children: If the will disinherits them, they are still entitled to 2/3 of their legal inheritance share.
  • Adult children unable to work: Similar to minor children, they also receive 2/3 of their legal inheritance share.
  • Spouse: They have the same rights as children regarding guaranteed inheritance.
  • Parents: Their inheritance rights are identical to those of children and spouses.

Inheritance for Worship:

• The testator can dedicate a portion of their estate for religious or worship purposes.
• This portion cannot be divided among heirs but must be managed according to the testator’s wishes or relevant regulations.

Refusal of Inheritance:

• Individuals have the right to refuse inheritance.
• This refusal must be made in writing and submitted to the relevant authorities.

Additional Notes:

• Wills can be amended or revoked at any time before the testator’s death.
• It is advisable to seek legal advice when drafting or revising a will to ensure its validity and compliance with legal requirements.

Summary:

Inheritance by will offers individuals the power to determine how their assets are distributed after their death. This allows for personalized estate planning and ensures that their wishes are respected. However, legal requirements regarding form, content, and inheritance rights must be met for the will to be valid and enforceable.

The procedure of tranferring Red Book’s onwership after inheriting land and real estate

The procedure of tranferring Red Book’s onwership after inheriting land and real estate

Timeframe:

Within 30 days of inheriting land use rights, you must complete the Red Book name transfer process to avoid administrative penalties.

Procedure:

1. Prepare Documents:

Gather all required documents for the name transfer registration through the cadastral book. These documents may include:

• Application form for change registration of land and assets attached to land (Form No. 09/DK).
• Original issued Red Book.
• Inheritance documents (will, inheritance division agreement, etc.).
• Documents proving fulfillment of financial obligations (if any).
• Identity documents of all parties involved.

2. Submit Application:

You can choose one of the following methods to submit your application:

Method 1:

• Submit the application to the People’s Committee of the commune, district, or town where the property is located.

Method 2:

• If the land is located in an area with limited access to government services, you may not need to submit the application to the People’s Committee. Instead, you can consult with the relevant land management agency for specific instructions.

3. Application Processing:

Once your application is received, the responsible agency will have the following processing times:

• Standard processing time: 10 working days from the date of receiving valid documents.
• Processing time for challenging areas: 20 working days for mountainous communes, islands, remote areas, and areas with difficult economic conditions.

Important Notes:

• The processing time does not include holidays, statutory holidays, or the time required for:
  • Receiving documents at the commune level.
  • Fulfilling financial obligations.
  • Deliberating on the case.
  • Handling cases of illegal land use.
  • Collecting opinions.

It is crucial to follow the correct procedure and submit all necessary documents within the specified timeframe to ensure a smooth and timely transfer of Red Book ownership.

NT International Law Firm has addressed the question of how to apply to inherit land and real estate. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land