An elderly person dies childless and intestate, leaving a house. Neighbours watch it, distant relatives circle — who owns it? The law’s answer may surprise: with no heirs, the estate escheats to the State. This is the heirless estate regime in Article 622 of the 2015 Civil Code (No. 91/2015/QH13, in force on 19 October 2026).
When is an estate “heirless”?
Article 622 covers: no heirs by will or by statute; heirs exist but all disclaim or are disqualified. Note: expiry of the division-claim period is not an Article 622 case — it is governed by Article 623(1) (division period: 30 years for immovables, 10 years for movables): the estate belongs to the managing heir, failing that to the possessor under Article 236, and only with no possessor to the State.
An important boundary: “no heirs” differs from “heirs not yet found”. If anyone in the heir ranks exists (even abroad, even out of contact), the estate cannot be treated as heirless — search, posting and even disappearance-declaration procedures come first.
Where does an heirless estate go?
- Movables (money, vehicles, effects): to the State.
- Immovables (land, houses): to the State after property obligations are settled — debts and estate-related obligations first, the remainder escheats.
In practice, the commune People’s Committee where the estate sits usually manages and preserves it pending determination. A caretaker (like the watching neighbour) does not become owner by looking after it — long occupation creates no title under this regime.
FAQs
Can distant relatives take an heirless estate?
If they fall within the three heir ranks (Article 651), they are heirs — the estate is not “heirless”. Only with nobody in the ranks, or unanimous disclaimer, does it escheat to the State.
What does the State do with an heirless house?
It is managed under public-asset rules — usually assigned to the locality, usable for public purposes or disposed of under public-asset management regulations.
I am looking after a deceased loner’s house — what are my rights?
You must preserve it and notify the commune People’s Committee. You may not dispose of it, rent it for personal gain, or “squat it into ownership”. Reasonable preservation costs may be paid from the estate.
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FLAT Law Firm advises foreign nationals and their families on inheritance, wills, driving licences, health insurance and money transfers in Vietnam. Contact us for advice on your specific case.
