How to transfer the red book title when the owner is deceased and has no will

A red book is a certificate of legal land use rights issued to an individual or organization, while a will is a document expressing the wishes of the person making it, to determine his or her assets after death.

When the owner of the red book dies without leaving a will, their assets will be divided according to the law. According to the provisions of Vietnamese law, the inherited assets will be divided among the legal heirs, usually the deceased's spouse, children and parents.

To transfer the red book in case there is no will, the deceased's family needs to perform the following steps:

First, determine the list of legal heirs. The heir needs to provide documents proving the relationship with the deceased, such as household registration book, birth certificate, marriage certificate...

Second, the agreement on the division of assets. The heirs need to agree on the division of assets through a written agreement. If no consensus is reached, the court can be asked to resolve it.

Third, carry out procedures for declaring or dividing inheritance at the notary office. The heir needs to go to the notary office to declare the inheritance, then register the land change at the land registration office of the district/county People's Committee.

Note, when transferring the red book without a will, in addition to documents proving the inheritance relationship, it is necessary to prepare the death certificate of the deceased, documents proving land use rights and minutes of agreement on inheritance division (if any).

The process can be lengthy as it requires the consent of all heirs. The costs of implementation usually include notary fees, registration fees and personal income tax (if applicable). To avoid disputes, the heirs should discuss thoroughly and clarify all terms in the inheritance division agreement.

The fact that the person whose name is on the red book does not leave a will is not a deadlock and is completely possible if the parties involved know how to handle legal procedures in accordance with regulations. The most important thing is that the parties need to maintain a harmonious, unified attitude and follow the correct procedures to ensure the legitimate rights of all heirs. Seeking advice from a lawyer or legal expert is also a wise step in complicated cases.