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Certificate Of Heirship for Indonesia

Certificate Of Heirship Template for Indonesia

A Certificate of Heirship under Indonesian law is a formal legal document that officially establishes and certifies the rightful heirs of a deceased person. This document, which must be executed before a notary public or authorized official in Indonesia, serves as definitive proof of inheritance rights and is essential for the transfer of assets, property claims, and settling estates. The certificate must comply with Indonesian civil law requirements and, where applicable, Islamic law (for Muslim citizens) or customary law (adat). It contains detailed information about the deceased, all legal heirs, their relationships, and their respective inheritance rights.

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What is a Certificate Of Heirship?

A Certificate of Heirship is a crucial legal document in Indonesian succession law that provides official verification of inheritance rights. The document is required when heirs need to prove their legal rights to inherit assets, access bank accounts, transfer property titles, or claim insurance benefits after a person's death. Under Indonesian law, the process of obtaining a Certificate of Heirship varies depending on whether the deceased was Muslim (requiring involvement of the Religious Court) or non-Muslim (processed through the District Court). The certificate must include comprehensive details about the deceased, all legal heirs, their relationships, and respective inheritance rights, while adhering to applicable laws including the Indonesian Civil Code, Islamic Law (if applicable), and local customary law (adat). This document is particularly important in Indonesia's legal system as it serves as definitive proof of inheritance rights and is widely recognized by government institutions, banks, and other organizations.

What sections should be included in a Certificate Of Heirship?

1. Declaration Header: Official title of the document, date, and location of issuance

2. Notary/Authority Details: Information about the notary or authorized official issuing the certificate

3. Deceased's Information: Full details of the deceased including full name, place and date of birth, last address, date of death, and marital status at time of death

4. Marriage History: Details of all marriages of the deceased, including dates and locations

5. Legal Heirs Identification: Complete list of all legal heirs, their relationship to the deceased, and their current addresses

6. Inheritance Rights Declaration: Clear statement of the inheritance rights of each heir according to applicable law

7. Witness Statements: Information and declarations from required witnesses confirming the facts stated in the certificate

8. Official Certification: Formal certification statement and signature block for the notary or authorized official

What sections are optional to include in a Certificate Of Heirship?

1. Religious Law Compliance: Section addressing specific religious law requirements (included when the deceased was Muslim and Islamic law applies)

2. Customary Law Considerations: Section addressing relevant traditional or customary law aspects (included when adat law applies)

3. Predeceased Heirs: Information about any deceased heirs and their descendants (included when there are predeceased heirs with surviving descendants)

4. Disinheritance Declarations: Statements regarding any legally disinherited potential heirs (included when applicable)

5. Foreign Element Declaration: Additional declarations required for international inheritance aspects (included when there are foreign heirs or assets)

What schedules should be included in a Certificate Of Heirship?

1. Supporting Documents List: Schedule listing all supporting documents reviewed in preparing the certificate (death certificate, marriage certificates, birth certificates, etc.)

2. Witness Identification Documents: Copies of identification documents of witnesses

3. Family Tree Diagram: Visual representation of the family relationships showing all relevant heirs

4. Asset Schedule: Optional listing of known assets of the deceased (if relevant to establishing inheritance rights)

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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