The Role of Notaries, PPAT, and Religious Courts in Inheritance Matters

Three Institutions, Three Roles That Are Often Confused

After someone passes away, the family usually faces two things at once: dividing the rights of the heirs according to Islamic law, and handling the documents so that the assets legally change names. For the first, the references are the Qur'an Surah An-Nisa 4:11, 4:12, and 4:176 as well as Book II of the Compilation of Islamic Law (KHI) Articles 171–214. For the second, the family will deal with three institutions: the Religious Court, notaries, and PPAT.

The three do not replace one another. Much confusion arises because people assume they are all the same. In fact, their focuses differ:

Institution	Main Focus	Example of Services
Religious Court	Determination of heir status and dispute resolution	Determination of heirs, examination of inheritance claims
Notary	Deeds and written statements on family agreement	Inheritance certificate, deed of distribution of inheritance
PPAT	Transfer of rights over land and buildings	Deed of sale and purchase, deed of division of joint rights, transfer of title

It should be noted from the outset: this article is general information, not a fatwa and not legal advice. For actual cases, consult the Religious Court, a notary/PPAT, or an ustadz you trust.

Religious Court: Determining Who the Heirs Are

For Muslim families, the Religious Court has jurisdiction to handle inheritance cases. There are two situations that usually bring families here.

First, an application for determination of heirs. This is voluntary — no party is sued. The purpose is to obtain an official determination of who is entitled and how much their share is. This determination is often requested by banks, BPN, or other institutions when the inheritance certificate from a notary is deemed insufficient, for example because there are many heirs, there is disagreement, or there is a substitute heir according to Article 185 KHI.

Second, an inheritance lawsuit. This arises if there is a dispute: an heir feels their share was not given, someone is hiding assets, or someone refuses the distribution. The panel of judges will examine the evidence, including information about who was still alive at the time the testator died and whether anyone is prevented from inheriting. Keep in mind, Article 173 KHI only prevents an heir who has been criminally convicted of killing, attempting to kill, or severely mistreating the testator, or of slandering them with a criminal accusation carrying a threat of five years or more. In contrast, the requirement of being Muslim — Article 171 letters b and c KHI — is a requirement to be an heir, not part of Article 173.

Notary: Tidying Up Agreement Into a Deed

If the family has already agreed and there is no dispute, a notary is usually the first step. Their role is to put that agreement into a document that has legal force and can be accepted by other institutions.

Documents that are often made include:

Inheritance certificate, containing the list of heirs and the amount of each share. For Muslim families, practice in the field varies: some institutions accept a certificate from a notary or from the village head/lurah, some require a determination from the Religious Court. Because of this, you should first ask the bank or land office you will be dealing with what kind of documents they require.
Deed of distribution of inheritance, if the heirs agree to arrange the distribution in writing — for example one child receives the share of the house and another child receives the share of the field, with adjusted values.
Deed related to munasakhah, that is when an heir dies earlier before their share is divided, so that their share passes to their own heirs.

A notary does not calculate the inheritance shares according to faraid on their own. The family needs to come with complete genealogical data and calculations that can be accounted for, because the deed will follow the agreed figures.

PPAT: When the Inheritance Consists of Land and Buildings

If the inheritance includes certified land or buildings, the next step involves PPAT. PPAT is the one authorized to make deeds of transfer of rights over land, and this deed is the basis for registration at the land office (BPN).

The flow is roughly:

The family completes the distribution according to faraid and puts it into a document (inheritance certificate, distribution deed, or court determination).
PPAT makes a deed of transfer of rights from the name of the testator to the heirs, or to one of the heirs if agreed as such.
The deed and supporting files are registered with BPN for the transfer of title to the certificate.
After the new certificate is issued, if the land is to be sold or used as collateral, only then do tax and fee matters arise. The amounts vary according to location and the value of the object, so ask directly to PPAT or the local land office.

Brief Example: Bu Sari's Family

Bu Sari passed away in 2025, leaving a husband, two sons, and one daughter. Her assets were a house and a plot of rice field. Because there was no dispute, the practical steps are as follows.

First, the family calculates the shares according to faraid. The husband receives 1/4 because there are children. The remaining 3/4 belongs to the children in a 2:1 ratio, so that each son receives 3/10 and the daughter 3/20. Check: 1/4 + 3/10 + 3/10 + 3/20 = 1. These figures are exact.

Second, that agreement is taken to a notary to have an inheritance certificate and distribution deed made — for example the house for one of the sons, the rice field divided into three. Third, PPAT makes the deed of transfer of rights and handles the transfer of title to BPN. If it turns out the bank requests a court determination, only then does the family submit an application for determination of heirs to the Religious Court bringing all the earlier documents.

To ensure the figures and the order of heirs are not wrong, IndoWaris can draw the family genealogy and calculate each share transparently before you meet the notary.

Practical Next Steps

Gather data first. Full names, dates of death, marital status, and the order of heirs — including those who died earlier — greatly determine the calculation results.
Make sure of the calculation before the deed. Notaries and PPAT work based on the figures the family submits. Calculating first saves time and cost.
Ask the requirements of the institution you are dealing with. Banks and land offices have different habits regarding inheritance documents. One question at the start can prevent going back and forth.
Prioritize deliberation. Inheritance distribution in Islam emphasizes both justice and harmony. If there are differences of interpretation within the family, resolve them through deliberation or ask for the opinion of an ustadz and notary.
Resolve disputes through official channels. If agreement is not reached, the Religious Court is the channel. Come with evidence and, if necessary, accompanied by legal counsel.