Land Inheritance Law
1. To whom does inherited land go?
• If there is a will, the landowner can specify the names of heirs according to the will (testamentary rights).
• If there is no will, the inherited property (including land) will pass to the legal heirs in order (legal heirs).
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2. Order of Heirs According to Law
There are 6 orders:
1. Children, grandchildren, great-grandchildren, etc. (descendants)
2. Father and mother
3. Siblings of the same father and mother
4. Siblings of the same father or mother
5. Grandparents
6. Uncles, aunts, and cousins
7. Spouse has rights in many cases
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3. How to Divide Inherited Land / Manage Joint Ownership
• If the heirs agree, they can divide the land themselves and register the division of ownership clearly.
• If they do not agree, the court must appoint an executor of the estate, and the executor will then proceed with the division according to the law.
• If the property (or land) is jointly owned by several people. (Co-owner), each heir has the right to demand a division of ownership according to Sections 1363 and 1364 of the Civil and Commercial Code.
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4. Evidence and Procedures
• Required documents include the land title deed or related title documents, national ID card, house registration, will (if applicable), death certificate of the landowner, etc.
• After inheriting, if you wish to conduct legal transactions such as land transfer or mortgage, you must register the inheritance to change the owner's name according to the law first.
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5. Fees
• There are fees for registering the transfer of inheritance, application fees, inheritance notice fees, etc.
• If the inheritance is transferred between spouses or children (descendants), the fee rate is usually lower than the assessed value of the property, e.g., 0.5%.
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6. Time / Rights After the Death of the Deceased
• Inherited property immediately passes to the heirs upon the death of the deceased, but the rights in the ownership registration will not appear until the inheritance is registered retrospectively.
• If the heirs did not register the inheritance... Problems may arise when conducting transactions such as land transfers, mortgages, etc.
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