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Affidavit For Legal Heir for Indonesia

Affidavit For Legal Heir Template for Indonesia

An Affidavit for Legal Heir is a legally binding document used in Indonesia to establish the identity and rights of legal heirs following a person's death. The document must comply with Indonesian civil law and, where applicable, Islamic law (for Muslim citizens). It serves as a formal declaration under oath, detailing the deceased person's family structure, identifying all potential heirs, and establishing their relationships to the deceased. This document is crucial for various legal processes in Indonesia, including property transfers, asset claims, and estate administration.

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What is a Affidavit For Legal Heir?

The Affidavit for Legal Heir is a fundamental document in Indonesian inheritance law, required when dealing with the transfer or administration of a deceased person's estate. This sworn statement, prepared under Indonesian jurisdiction, serves multiple purposes including establishing heir status for property transfers, insurance claims, bank account access, and other asset-related matters. The document must comply with the Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) and, for Muslim citizens, the Islamic Law Compilation (Kompilasi Hukum Islam). An Affidavit for Legal Heir typically includes detailed information about the deceased, the family structure, and all potential heirs, supported by various official documents such as death certificates, family cards, and identification documents.

What sections should be included in a Affidavit For Legal Heir?

1. Deponent Details: Full legal name, ID number (NIK), address, and other identifying information of the person making the affidavit

2. Solemn Declaration: Standard declaration that the statements made in the affidavit are true and accurate under oath

3. Deceased Person Details: Full information about the deceased person including full name, last address, date and place of death, and marital status at time of death

4. Relationship Declaration: Clear statement of the relationship between the deponent and the deceased person

5. Family Structure: Comprehensive list of all immediate family members of the deceased, including spouse(s), children, parents, and siblings, with their status (living/deceased)

6. Legal Heir Declaration: Statement declaring the legal heirs according to Indonesian law and their respective relationships to the deceased

7. Supporting Documents: List of all supporting documents attached to verify the claims made in the affidavit

8. Verification: Statement verifying that all information provided is true and accurate, with acknowledgment of legal consequences for false statements

What sections are optional to include in a Affidavit For Legal Heir?

1. Property Details: Used when specific property or assets need to be mentioned in the affidavit, particularly for inheritance purposes

2. Islamic Law Declaration: Required when the deceased was Muslim, declaring that inheritance will be distributed according to Islamic law

3. Previous Marriages: Included when the deceased had multiple marriages to establish potential heirs from different marriages

4. Renunciation Statements: Used when any legal heirs have renounced their inheritance rights

5. Guardian Details: Required when any of the legal heirs are minors or under guardianship

What schedules should be included in a Affidavit For Legal Heir?

1. Schedule A - Identity Documents: Copies of ID cards (KTP), family card (KK), and other identification documents of the deponent and deceased

2. Schedule B - Death Certificate: Certified copy of the death certificate of the deceased person

3. Schedule C - Family Tree: Detailed family tree showing the relationship between the deceased and all potential heirs

4. Schedule D - Supporting Affidavits: Additional affidavits from witnesses confirming the relationships and facts stated in the main affidavit

5. Schedule E - Property Documents: Copies of property ownership documents, if relevant to the inheritance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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