When a relative dies leaving houses, land or savings books, the family must complete procedures at a notary office before transferring titles or withdrawing money. Since 01/7/2025, the 2024 Notarisation Law (46/2024/QH15) has changed the procedure’s name: there is no longer a separate “declaration of inheritance” as under the 2014 Law — everything is merged into notarisation of the estate division document (Article 59), applying to all cases including a sole heir.
1. Dossier to prepare
Under Article 59(2) of the 2024 Notarisation Law, the dossier includes:
- Death certificate (original or extract) or a court decision declaring the person dead;
- The will (for testamentary succession);
- Relationship proof between the deceased and the beneficiaries (birth certificates, marriage registration, relationship confirmations…);
- Estate documents: land/house certificates, vehicle registration, savings books, share ownership certificates…;
- ID documents of the heirs (citizen ID cards);
- Disclaimer of inheritance (if any heir disclaims).
2. Four-step procedure
- Step 1 — Filing: file at a Notary Bureau or Notary Office. Note: for real estate, notarisation must be done at a notarial practice organisation in the same province/city where the property is located (Article 44 of the 2024 Notarisation Law);
- Step 2 — Verification: the notary verifies that the deceased was truly the owner/user of the assets and that the applicants are truly the beneficiaries; unclear points must be clarified or investigated;
- Step 3 — 15-day public posting: the notarial organisation posts notice of receipt at the commune-level People’s Committee of the deceased’s last permanent residence (or last temporary residence if the former cannot be determined); if the estate includes real estate, posting is also required at the commune People’s Committee where the property sits. Posting period: 15 days from the posting date (Article 44 of Decree 104/2025/ND-CP);
- Step 4 — Signing and notarisation: after 15 days, with confirmation of completed posting and no complaints or denunciations received, the notary may notarise the estate division document.
3. Timeline
Notarisation must be completed within 02 working days (complex cases: 10 working days) — but posting and verification time does not count toward this limit (Article 45 of the 2024 Notarisation Law). In practice, the whole process usually takes about 3–4 weeks from filing a complete dossier.
4. Notarisation is not the final step
The notarised estate division document is the basis for:
- Houses/land: registering the change and transferring the Certificate at the land registration office (within 30 days of division);
- Savings books/bank accounts: bringing the notarised document plus savings books to the bank to withdraw;
- Vehicles, shares: completing transfer procedures under sector regulations.
A common mistake is thinking “notarisation automatically transfers the red book” — it does not; a separate change registration is required.
5. Frequently asked questions
Q: I am the sole heir — must I still go through the estate division procedure?
A: Yes. Article 59(5) of the 2024 Notarisation Law applies the procedure even to a single heir — formerly called “declaration of inheritance”, now merged under one name with the same substance.
Q: What if someone complains during the posting period?
A: The notary pauses; the parties must resolve the complaint (negotiation or lawsuit). Notarisation resumes only when no complaints or denunciations remain.
Q: Can I do it in a different province from where the land is?
A: No — for real estate, notarisation must be at a notarial organisation in the same province/city where the property is located.
Need advice on inheritance, wills or estate division? Contact us for assistance.
This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review before submission for approval; the information is for reference only and does not replace legal advice for your specific case.
