Certificate of Inheritance

Certificate of Inheritance

Under the Iranian Civil Code and prevailing legal practice, the estate of a deceased person, including all assets and property of economic value left behind, is transferred to the legal heirs upon death. In matters relating to the distribution of the estate, the will of the deceased is also legally relevant.

A person may dispose of up to one-third of their property by will, and any disposition exceeding this limit requires the consent of the heirs. If the heirs approve the disposition of the excess portion, the will shall be enforced. Otherwise, it shall have no legal effect, and the estate shall be divided among the heirs in accordance with their statutory inheritance shares.

The law classifies heirs into three priority classes. When heirs of the first class are present, heirs of the second class are excluded from inheritance. Likewise, when heirs of the second class are present, heirs of the third class do not inherit.

The surviving spouse of the deceased constitutes an exception to this rule and is entitled to inherit their statutory share in all classes of inheritance.

The first class of heirs includes the deceased’s father, mother, and children. If the children have predeceased the decedent, their children, namely the grandchildren, inherit in their place, together with the surviving spouse.

The second class of heirs includes the deceased’s grandparents and siblings. If such persons have predeceased the decedent, their children inherit in their stead.

The third class of heirs includes the surviving spouse, the deceased’s paternal and maternal uncles and aunts. In the absence of these individuals, their children fall within the scope of this class.

If none of the aforementioned relatives exist, the inheritance devolves upon the paternal and maternal uncles and aunts of the deceased’s parents.

Online Procedure for Obtaining a Certificate of Inheritance

With the launch of the Verasat.ncr.ir system, the process of obtaining a Certificate of Inheritance has become fully digital. As a result, there is no longer any need for in-person visits to courts or judicial service offices, and all procedural steps are completed through this electronic platform.

Key Features and Advantages of the Inheritance System

• Automatic issuance of the Certificate of Inheritance within less than twenty days from the registration of death.
• Elimination of the requirement for certified copies of documents and in-person attendance.
• Accurate calculation of inheritance shares, taking into account legal restrictions and testamentary provisions.
• Usability of the issued certificate for all administrative, banking, and legal purposes.
• Possibility of filing objections to the issued certificate before the Dispute Resolution Board.

Steps for Obtaining a Certificate of Inheritance Through the Inheritance System

• First, access the website verasat.ncr.ir.
• Log in through the National Smart Government Portal or the HODA authentication system.
• After completing identity verification, select the option to request a Certificate of Inheritance.
• The issued certificate will be immediately available in the issued certificates section and can be downloaded.

Note that for deaths registered after August 24, 2024, the certificate is issued automatically. For deaths registered before this date, an application must be submitted via the Sahim system at sahim.sabteahval.ir.

Objection to the Certificate of Inheritance and Its Review Procedure

Certificate of Inheritance

The determination of a deceased person’s heirs, including the number of heirs and their identities, is established in a legal document known as the Certificate of Inheritance. This certificate also specifies the share of inheritance allocated to each heir.

A Certificate of Inheritance is essential for actions such as estate distribution, dealings with government authorities, and debt collection. The certificate is issued in either a limited or an unlimited form.

• Limited Certificate of Inheritance: A limited certificate is issued by the Dispute Resolution Council when the value of the estate does not exceed five hundred million rials.
• Unlimited Certificate of Inheritance: An unlimited certificate applies to estates exceeding five hundred million rials.

The distinction between these two types relates to issuance formalities. In the case of an unlimited certificate, the Dispute Resolution Council must publish the names of the heirs and their inheritance shares once in national newspapers. This publication serves to notify any third party who may have an interest in the estate. If no claim is raised, the certificate is issued approximately one month later. In contrast, a limited certificate does not require such publication.

Accordingly, a Certificate of Inheritance is necessary for purposes such as dividing inheritance shares, transferring estate assets, and pursuing claims, including dowry recovery.

For example, if the surviving spouse seeks to recover unpaid dowry from the estate, the Certificate of Inheritance is among the required documents. Where the deceased has left assets, payment of such debt takes priority, and the remaining estate is subsequently distributed among the heirs.

Based on the foregoing, the Certificate of Inheritance serves as a legal instrument for protecting the rights of all interested parties. Any individual with a legal interest in the estate may request issuance of the certificate and may object to its contents without any statutory time limitation.

Required Documents for Obtaining a Certificate of Inheritance

Death Certificate

The original death certificate, together with a certified copy, is required when submitting the application.

Affidavit of Testimony

A notarized affidavit is another required document. It must be prepared at a notary public’s office and signed by three individuals who are familiar with the deceased’s heirs and attest to their identities.

Inheritance Tax Certificate

If the value of the estate exceeds fifty million tomans, payment of inheritance tax is required prior to division or transfer of assets. For deaths occurring before 2016, an inheritance tax declaration must be submitted, although payment of the tax is not mandatory.

Additional Documents

• Copies of the identification booklets of the deceased and the heirs.
• Marriage certificate or an official copy thereof, if the deceased was married.

The will of the deceased, if one exists.

Competent Authority for Issuance of the Certificate of Inheritance

The competent authority for reviewing and issuing a Certificate of Inheritance is the Dispute Resolution Council of the last place of residence of the deceased. After reviewing the submitted documents, a notice is published in a national newspaper. If no objections are raised within one month, the judge issues the Certificate of Inheritance.

This certificate is distinct from the actual division of the estate and serves as a prerequisite document for that process.

Frequently Asked Questions About the Certificate of Inheritance