How to Create a Legally Valid Certificate of Inheritance Rights
How do you create a Certificate of Inheritance Rights? Inheritance distribution is one of the most sensitive matters in life. To avoid disputes among family members, it is strongly recommended to prepare a Certificate of Inheritance Rights while the owner of the assets is still alive and in good health.
Inheritance disputes often lead to serious conflicts, including broken family relationships. That is why a legally valid document is needed to clearly state who the rightful heirs are according to applicable law. This document is known as a Certificate of Inheritance Rights.
If you are still unsure about the correct and legal process, the explanation below will guide you through how to create a valid Certificate of Inheritance Rights step by step.
Definition of a Certificate of Inheritance Rights
Before discussing the process, it is important to understand what a Certificate of Inheritance Rights is.
A Certificate of Inheritance Rights is an authentic legal document issued by an authorized official. The authorities permitted to issue this document include:
- Balai Harta Peninggalan (BHP)
- Notary Public
This certificate explains:
- The death of the decedent
- Details of inherited assets
- The legal heirs
- Each heir’s inheritance portion
In other words, the Certificate of Inheritance Rights is a mandatory legal requirement to claim inheritance.
The document also functions to prevent future authority misuse, such as:
- Unauthorized name changes on land certificates
- Withdrawal of bank funds without the consent of rightful heirs
Types of Certificate of Inheritance Rights
In practice, the Certificate of Inheritance Rights is divided into two types:
- Certificate of Inheritance Rights for Indonesian Citizens (WNI)
- Certificate of Inheritance Rights involving Foreign Nationals (WNA)
This applies when heirs or the deceased have foreign nationality or international legal ties.
Requirements to Create a Certificate of Inheritance Rights
Because this document is a legal requirement for inheritance distribution, the requirements must be completed carefully.
The required documents include:
- Inheritance application letter (7 copies)
- Photocopy of heirs’ ID cards (A4 paper)
- Photocopy of the decedent’s marriage certificate (A4)
- Photocopy of the decedent’s family card (A4)
- Cover letter from the local sub-district office (Kelurahan)
- Death certificate from the Kelurahan
- Family lineage certificate of heirs from the Kelurahan
If a will already exists and was signed by the deceased, it can be included as supporting documentation.
Steps to Create a Certificate of Inheritance Rights
After completing all required documents, follow these steps:
- Visit the local RT/RW to verify documents
- Request an official letter from RT/RW
- Draft the Certificate of Inheritance Rights on stamped paper, signed by all heirs and witnessed by RT/RW
- Submit the application to the Kelurahan’s public service office
Once approved at the Kelurahan level, proceed to the Religious Court or District Court to apply for a Fatwa Waris (inheritance ruling)
Processing time: Up to six months
Administrative fee: Approximately IDR 150,000, as stipulated in Article 90 paragraph (1) of the Religious Court Law
How to Apply for a Certificate of Inheritance Rights for Foreign Nationals (WNA)
Certificates of Inheritance Rights also apply to cases involving foreign nationals. The process differs depending on lineage.
1. Indonesian Citizens of Chinese or European Descent
- The process is handled through a Notary Public
- A will verification is conducted through the Ministry of Law and Human Rights (Kemenkumham)
2. Indonesian Citizens of Eastern Descent (e.g., Arab or Indian ancestry)
- Applications are processed through Balai Harta Peninggalan (BHP) in the applicant’s city
- Applicants must submit a court petition for heir determination
Additional notes:
- Muslim applicants may apply through the Religious Court
- Non-Muslim applicants must apply through the District Court
That concludes the complete guide on how to create a legally valid Certificate of Inheritance Rights, from its definition to application procedures for Indonesian citizens and those with foreign lineage.
Preparing this document early can help prevent disputes, ensure legal certainty, and protect the rights of all heirs in accordance with the law.
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