KH friends, have you ever heard of an heir certificate?
This document may rarely be discussed in everyday life, but its role is very important, especially when someone dies and leaves assets that need to be divided to the heirs.
Without this document, the process of dividing property can be complicated and potentially lead to conflict between families.
The heir certificate is also a mandatory requirement in various administrative matters, ranging from processing land certificates, disbursing insurance, to accessing the deceased’s bank account.
With this document, you can ensure that the rights of each heir are legally guaranteed and the inheritance distribution process runs smoothly.
Then, what are the requirements and procedures for making it?
For a full explanation, let’s read the article until the end!
Definition and Function of Heir Certificate
An heir certificate is an official document that explains who is entitled to receive inheritance from someone who has passed away.
The heirs need to take care of this since the testator passed away.
The function of this letter, among others, is as a statement of a person as a legal heir.
In addition, this letter helps heirs manage savings or deposits in the bank, change the name of ownership of the inheritance, provide information about the testator and the rights of the heirs, protect the testator’s property, and prevent abuse of authority.
Without a certificate of heirs, a person who is entitled to inheritance can be prevented from getting the inheritance that is his share.
Because proving the status as a child of a spouse or parent is still not enough to make him have full rights to the inheritance.
Therefore, this document is very useful to prevent acts of abuse of authority in order to obtain inheritance from the heir.
Rules Regarding the Certificate of Heirs
Article 111 paragraph (1) letter c of Permen ATR / Head of BPN 16/2021 explains that proof as an heir can be in the form of six things, namely:
- will of the testator;
- court decision;
- determination of the judge/chairperson of the court;
- a statement letter of heirs by the heirs witnessed by two witnesses and known by the head of the village/lurah and sub-district head where the testator lived at the time of death;
- certificate of inheritance rights from a notary domiciled in the place of residence of the testator at the time of death; or
- a certificate of inheritance from the Balai Harta Peninggalan (BHP).
Evidence number 4 is a certificate that can be made by Indonesian citizens (WNI) who are not of foreign descent.
For citizens of descent with European or Chinese heirs, it is necessary to obtain proof number 5 (deed from a notary).
Furthermore, other eastern groups (Arabs, Indians, etc.) need to obtain proof number 6 (certificate of inheritance from the BHP).
This is in accordance with the provisions in the Appendix to SEMA 171/1991.
How to apply for a certificate of heir
Before applying for an heir certificate, you should understand that Indonesia categorizes its population into three groups based on citizenship.
These three groups are native Indonesian citizens (WNI), European and Chinese descendants, and foreign Eastern descendants (Arab and Indian).
This classification affects the requirements and procedures that you must go through when taking care of it.
1. Class of Indonesian citizen
The heirs can make a certificate of inheritance for indigenous Indonesian citizens by containing true information, witnessed by 2 (two) witnesses, and getting an endorsement from the Lurah and the local sub-district head in accordance with the domicile of the testator.
Prepare the following documents:
- Death certificate
- Affidavit of heirs with stamp duty
- Copy of family card
- Copy of ID card
- Copy of the birth certificate of the heir
- Copy of marriage certificate (if the heir is a husband or wife)
2. European and Chinese Descent Groups
For Indonesian citizens of Chinese descent, it is necessary to make a certificate of inheritance rights from a Notary.
In this case, the Notary must first check the will at the Central Register of Wills Section of the Subdirectorate of Inherited Assets and State Curators through AHU.
Prepare the following documents:
- Death certificate
- Child birth certificate
- KTP, Family Card of the heir
- Marriage certificate if the heir is a husband or wife
3. Foreigners (Arabs and Indians)
That is a group that does not include the original Indonesian citizen group and does not include European and Chinese groups.
The management of inheritance information for foreign Eastern descendants is made at the Balai Harta Peninggalan.
Prepare the following documents:
- Death certificate
- Child birth certificate
- KTP, Family Card of the heir
- Marriage certificate if the heir is a husband or wife
KH Contact
This is a complete explanation of the certificate of heirs, from the definition, function, to how to arrange it.
This document is important to ensure that the division of inheritance runs smoothly in accordance with applicable law.
That way, KH Friend will avoid problems in the future and expedite the administrative process.
Well, if you need help with the paperwork, Kontrak Hukum is here to help.
With digital notary services, experienced professionals will help you take care of your documents with ease.
For service information, please visit KH Services – Digital Notary Services.
Sobat KH juga bisa konsul gratis melalui laman Ask KH or send a direct message (DM) to Instagram @kontrakhukum.
Kontrak Hukum also has a Business Community for businesses to share information about business updates and consultations.
Free and open to anyone by registering to This link .
Or for KH friends who want to get additional income up to millions of rupiah, can also be part of the Legal Contract Affiliate Program.
Register directly at the following link yes!
