One of the main concerns for Iranian expatriates is dealing with inheritance and probate matters in Iran. Lack of familiarity with Iranian probate laws, such as obtaining inheritance certificates and dividing estates, can lead to significant challenges in securing or maintaining these assets.
Handling inheritance and estate matters in Iran from abroad can seem complex and overwhelming. However, with the guidance of experienced lawyers, Iranian expatriates can achieve their desired outcomes while minimizing time and costs.
When heirs of a deceased individual approach consulates or government offices to settle their inheritance, the first document they are typically required to provide is a certificate of inheritance. This certificate is a legal document that allows heirs to claim their rightful share of the estate according to the law.
Obtaining this certificate involves a specific legal process that must be followed carefully to avoid future complications. It’s important to note that probate is not limited to dividing assets but may also involve addressing the deceased’s debts and creditors.
Even if the deceased leaves behind a relatively small estate, heirs are still required to obtain either a limited or unlimited certificate of inheritance. If the value of the estate is less than 30 million rials (approximately 3 million tomans), a limited certificate can be requested. For estates valued at more than this amount, an unlimited certificate must be obtained.
Steps to Obtain a Certificate of Inheritance
- Preparing the necessary documents for an affidavit
- Thoroughly reviewing documents and addressing any deficiencies to obtain legal inquiries
- Filing a lawsuit at the judicial services office and following up on the case at the Dispute Resolution Council
- Publishing a notice in the Official Gazette (print or electronic) for the issuance of an unlimited certificate of inheritance
- Determining the inheritance tax and visiting the branches of the Dispute Resolution Council to receive the certificate of inheritance
1.One of the primary documents required to obtain a certificate of inheritance is a notarized affidavit.
2.differ only in their literal meaning and, in practice, both refer to the processes of determining heirs and dividing an estate.
3.The law does not differentiate between the rights of heirs residing within or outside of the country. Iranian expatriates must submit the necessary documents to prove their relationship to the deceased to the Iranian consulate in their country of residence.
