Many families wonder: after the testator passes away, how many days does the law allow for announcing the will? The answer may be surprising: the Civil Code 2015 sets no specific number of days for announcing a will. This article clarifies what the law actually provides and how the matter should be handled in practice.
1. The law sets no day-count for announcing a will
The Civil Code 2015 (91/2015/QH13) prescribes no deadline counted in days, months or years for announcing a will. Any specific figure claimed as the “will announcement deadline” has no legal basis — readers should be wary of inaccurate information circulating online.
2. Article 647: who announces, how, and when
Article 647 of the Civil Code 2015 regulates three matters: who is obliged to announce the will, how the announcement is made, and the timing — “after the time of opening of the inheritance”. The law thus fixes only the starting frame (after the inheritance is opened), without limiting the number of days for completion.
3. Time of opening of the inheritance: when the testator dies
Article 611 of the Civil Code 2015 provides: the time of opening of the inheritance is the time of the testator’s death (or the time a court declares a person dead). From this moment, the will takes effect and can be announced.
4. Why does the law not fix a specific deadline?
Announcing a will depends on each family’s circumstances: locating heirs, verifying the will’s validity, resolving potential disputes. A rigid day-count would not fit the diversity of inheritance situations. Instead, the law focuses on who is responsible for the announcement and how it is made, to safeguard the heirs’ rights.
5. In practice: announce promptly to avoid disputes
Although the law sets no day-count, experience shows the will should be announced as soon as possible after the opening of the inheritance, because:
- it prevents assets from being occupied or dissipated before heirs learn the will’s contents;
- it reduces the risk of disputes among heirs over the will’s validity;
- it enables subsequent procedures (declaration of inherited estate, transfer of asset titles) to proceed in time.
Delaying the announcement can raise suspicions about motives and lead to avoidable litigation.
6. Who is obliged to announce the will?
Article 647 identifies the person obliged to announce the will — typically the person holding the will or the designated person. If the obliged person fails to act, heirs may demand the announcement and seek intervention by competent authorities under the law.
Frequently asked questions
Q: Must a will be announced within 30 days after the testator’s death?
A: No. The law sets no specific number of days; the figure of 30 days has no basis in the Civil Code 2015.
Q: When is a will announced?
A: After the time of opening of the inheritance (i.e. after the testator’s death), per Article 647 of the Civil Code 2015.
Q: Is there a penalty for not announcing a will?
A: The law imposes no administrative penalty for late announcement; but non-announcement can trigger civil disputes and harm heirs’ rights.
Note: This article is for reference only and is not legal advice. It was drafted by an AI system and quality-checked internally by the AI Legal Council — it is not the opinion of a licensed human lawyer. Each case must be assessed on its facts, evidence and applicable law; please consult a lawyer for detailed advice.
Need help announcing a will or declaring an inherited estate? Contact the FLAT Law Firm team via our contact page.
