An Affidavit of Inheritance is a fundamental legal document in Indonesian inheritance proceedings that serves as a formal declaration of heirship and inheritance rights. This document becomes necessary when heirs need to claim or transfer assets, access bank accounts, or handle other property matters following a person's death. The affidavit must be prepared in accordance with Indonesian legal requirements, which uniquely combine elements of civil law, Islamic law (for Muslim citizens), and customary (adat) law. The document requires careful preparation to ensure compliance with various legal frameworks, including the Indonesian Civil Code, the Islamic Law Compilation where applicable, and local customary practices. The affidavit must be executed before a notary public and typically includes comprehensive details about the deceased, all legal heirs, and the nature of the inheritance.
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1. Declaration and Identification: Opening statement identifying the person making the affidavit (deponent), including their full name, ID number, address, and relationship to the deceased
2. Deceased's Information: Details about the deceased person including full name, last known address, date and place of death, and marital status at time of death
3. Family Structure: Comprehensive details about the deceased's family structure, including spouse(s), children, parents, and siblings if relevant
4. Statement of Heirs: Clear listing of all legal heirs and their relationship to the deceased
5. Estate Description: General description of the deceased's estate and assets to be inherited
6. Legal Framework Declaration: Statement of which law governs the inheritance (civil law, Islamic law, or customary law)
7. Verification of Facts: Declaration that all statements made in the affidavit are true and correct
8. Oath: Formal sworn statement and signature section, including place and date
1. Previous Wills: Section declaring the existence or non-existence of any previous wills, required if there is any known testamentary document
2. Islamic Law Compliance: Additional section required for Muslim deceased, detailing compliance with Islamic inheritance principles
3. Adat Law Considerations: Section needed when customary law applies, describing relevant traditional inheritance practices
4. Foreign Assets: Required when the deceased owned assets in other countries
5. Disclaimer of Heirs: Include when any potential heirs have formally renounced their inheritance rights
1. Death Certificate: Certified copy of the deceased's death certificate
2. Family Card (Kartu Keluarga): Copy of the official family card showing family relationships
3. Identity Documents: Copies of ID cards (KTP) of the deceased and all heirs
4. Marriage Certificate: Copy of marriage certificate(s) if the deceased was married
5. Asset Inventory: Detailed list of all known assets belonging to the deceased
6. Supporting Documents: Any additional documents supporting claims made in the affidavit, such as property certificates or bank statements
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