The probate certification process according to Vietnamese law

1. What is probate certification?

According to Decree No. 23/2015/ND-CP, certification is the act of the competent authority or organization relying on the original document to certify that a copy is true to the original or certifying the signature in documents as the signature of the person who requested certification, certifying the time and place of contract conclusion, transaction; civil act capacity, voluntary will of the parties participating in the transaction.

It can be understood that probate certification is the process by which the authority or organization with jurisdiction confirms the will after it has been made here, certifying the time, place of making the will, civil act capacity, voluntary will and the signature or mark of the person making the will as authentic.

According to the Civil Code 2015, a will shall have legal effect if it meets the following conditions:

• The testator must be of sound mind, clear-minded during the will-making process and not be threatened, coerced, or deceived by anyone. In the case of a testator aged 15 to under 18 years, a written will must be made and agreed upon by the parents or legal guardian.
• The content and form of the will must not violate prohibitions, moral norms, or contradict the law.

According to Decision No. 1329/QD-BTP, the probate certification process is carried out as follows:

Step 1: Prepare documents

Documents required for probate certification include:

Draft will (if any): The draft will must express the full intentions and will of the testator. These intentions must not violate the law or social morals.

• Identity documents of the deceased: Include one of the following types of documents such as Identity Card, Citizen Identity Card or valid Passport.
• Property documents: Provide a copy of the ownership certificate of the testator for the property mentioned in the will. At the same time, bring the original for comparison. In the case where the testator's life is being threatened, this document may not need to be presented.
• Step 2: Submit documents

According to Decree No. 23/2015/ND-CP, the person requesting probate certification must submit the documents themselves (not delegate) at the People's Committee of the commune regardless of the residence of the deceased.

Step 3: Verification and certification

The receiving officer will verify the documents. If the documents are inadequate, certification will be refused and instructions will be provided to complete the paperwork.

If the documents meet the requirements, the receiving officer will guide the testator to sign or mark on each page of the will. In the case where the testator is physically restricted or unable to write, two other persons with full civil act capacity and no relation to the rights or obligations of the will writer or the content of the will are required to witness.