A father died in 2015 leaving land, but the children never sat down to divide it. In 2026 one of them sues for division — will the court accept the case? The answer turns on a number the 2015 Civil Code (No. 91/2015/QH13, effective 1 January 2017, in force on 19 October 2026) states plainly in Article 623(1): the limitation period for claiming division of an estate is 30 years for immovables and 10 years for movables, counted from the opening of succession.
30 years and 10 years: counted from when?
Succession opens at the decedent’s death (Article 611). From that point the clock runs: 30 years for immovables (land, houses), 10 years for movables (bank deposits, vehicles, shares…). In the example: father died in 2015, land is immovable — suing in 2026 is only 11 years in, still nearly 19 years inside the 30-year period, nowhere near expiry.
Key caveat: this limitation applies to claims for division of the estate. Other claims carry their own periods under Article 623 itself: confirming one’s own heir status or rejecting another’s is 10 years (Clause 2); requiring an heir to perform the decedent’s property obligations is 3 years (Clause 3) — do not collapse every inheritance lawsuit into the 30/10-year figure of Clause 1.
When time runs out, where does the estate go?
Once the division-claim period expires with no lawsuit, Article 623(1) itself governs: the estate belongs to the heir who is managing the estate; if there is no such managing heir, it belongs to the possessor of the estate under Article 236; only if there is no possessor does it belong to the State. In other words, for the land in the example that chain only begins after the 30-year mark — the estate does not automatically escheat to the State under Article 622 the moment time runs out.
A practical litigation detail: if co-heirs have agreed on managing and using the estate (e.g. jointly leasing the land and splitting rent), courts may reassess limitation in light of actual management. But do not bet on exceptions — suing or signing a division agreement within the period is always safer.
FAQs
Past 30 years, can I still sue to divide my parents’ land?
As a rule, no: the right to claim division of immovable estate expires 30 years after succession opens (Article 623(1)). The estate then belongs to the managing heir; failing that, to the possessor under Article 236; only with no possessor does it belong to the State. The only exception is proving the period was interrupted or that the parties reached another lawfully recognised agreement.
What if the estate is a bank savings book?
Deposits are movables — 10 years under Article 623(1), shorter than land (30 years) but not 3 years: the 3-year figure in Clause 3 is the period for requiring an heir to perform the decedent’s property obligations, not for dividing movable estate. A common trap: families confuse the clauses of the same article with one another.
Does limitation apply when there is a will?
Yes. Article 623 covers estate-division claims generally, whether succession is testamentary or statutory. A clear will unenforced within the period leaves even the named beneficiary without a division claim.
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This article has been quality-reviewed by the FLAW AI Legal Council
