Certificate of Heirs and Determination of Heirs: How to Arrange Them

After someone passes away, the family is often asked to prove who is entitled to the estate. Banks ask for a statement of heirs before disbursing savings, the land office asks for similar proof before transferring a certificate title, and other institutions follow suit. The two documents most often mentioned are the Certificate of Heirs and the Determination of Heirs from the Religious Court. Both explain who the heirs are, but the process for making them differs. This article is general information, not a fatwa or legal advice.

Two paths that are often confused

A Certificate of Heirs is generally made by the heirs themselves, witnessed and acknowledged by a local official (for example the village head or neighborhood head (lurah), often continued to the subdistrict head (camat)), or made by a notary in the form of a deed of statement of heirs. Its contents include the identity of the deceased, the identity of the heirs, and their relationship to the deceased.

A Determination of Heirs is a product of the court. For Muslim families, the application is submitted to the Religious Court on a voluntary basis — that is, as an application (permohonan), not a lawsuit, because basically no party is in dispute. The court examines, summons the parties, hears statements, and then determines who the heirs are along with each person's share.

It should be noted that there are banks, land offices, or certain institutions that still require a court determination even though the family has agreed. This policy differs between institutions, so it is best to ask the institution making the request first.

When is a certificate sufficient, when is a court needed?

• If all heirs agree, know each other, and the estate is not large, a Certificate of Heirs from the village/kelurahan or a notary is often already accepted.
• If there is an heir whose whereabouts are unknown, who refuses to sign, or if there is disagreement, the court route is safer.
• If the value is large — land, several accounts, shares — banks and BPN generally prefer a court determination.
• If there is a substitute heir (Article 185 of KHI) or an heir who passed away earlier (munasakhah), a court determination helps tidy up who represents whom.

Documents usually prepared

1. The deceased's last Family Card (Kartu Keluarga) and the ID cards (KTP) of the heirs.
2. The deceased's death certificate (and the death certificate of an heir who passed away earlier, if any).
3. The marriage book or marriage certificate of the deceased with their spouse.
4. The birth certificates of the children, to prove lineage; if unavailable, they can be supplemented with a statement from the village or other documents.
5. A list of the estate: land certificates, bank books, vehicle ownership documents (BPKB), and so on.
6. A statement letter declaring that there is no dispute and that the heirs agree on identifying themselves.

A simple example

Mr. Ahmad passed away in 2025. He left behind a wife, two sons, and one daughter. His estate (after debts, funeral costs, and bequests are deducted) is worth Rp600 million. The wife receives 1/8 because there are children, namely Rp75 million. The remainder, 7/8 or Rp525 million, is divided among the children in a 2:1 ratio — the two sons each receive 2/5 of Rp525 million = Rp210 million, and the daughter receives 1/5 = Rp105 million. Total: 210 + 210 + 105 + 75 = Rp600 million. These figures are only an illustration. In the application to the Religious Court, this composition and these shares are what is requested to be determined.

Steps to apply for a determination of heirs

1. Collect the documents and compile the list of heirs based on Articles 171–174 of KHI: make sure all are Muslim, none are excluded for the reasons in Article 173, and take into account substitute heirs if any.
2. Go to the competent Religious Court, usually the area where the applicant resides or where the estate is located. Ask the information desk for the procedure and costs, the amount of which is set by the court and differs in each area.
3. Submit a written application (many courts support electronic registration). Attach the application letter, documents, and list of heirs.
4. Attend the hearing summons. The judge will examine identities, hear statements from the parties and witnesses, and review the evidence.
5. Once determined, a copy of the determination can be used to manage savings, transfer certificate titles, or for other needs. For legal acts concerning land, a notary/PPAT is generally still needed.

Things that often delay the process

• Identities are inconsistent between ID cards, Family Cards, and certificates (name, date of birth, spelling).
• Heirs living out of town or abroad; a proper power of attorney is needed.
• Children not recorded on the Family Card, or marriages not officially recorded.
• Joint property (gono-gini) has not been separated, so the inheritance shares are not yet clear.
• The application does not list substitute heirs, even though there are grandchildren whose parents passed away earlier.

Practical next steps

Start with the easiest: make a list of all living family members, mark who is entitled according to KHI, then complete the documents. If the family is harmonious and the needs are simple, a Certificate of Heirs may be sufficient; if the value is large or there are parties difficult to contact, apply to the Religious Court. For complicated cases — there is a will, debts, substitute heirs, or disagreement among heirs — it is best to consult with Religious Court officers, a notary/PPAT, or a trusted ustadz. As an initial overview, IndoWaris can map the family tree and calculate the shares of the heirs, so that the list you bring to the court or notary is more prepared and orderly.