Inheritance When Heirs Are Abroad: Documents, Power of Attorney, and Distribution

Heirs abroad remain entitled to their shares

Place of residence does not change a person's status as an heir. Under the Compilation of Islamic Law (KHI) Book II, an heir is a person who at the time of the deceased's death has a blood relationship or marital relationship with the deceased, professes Islam, and is not barred as an heir. KHI does not require an heir to live in Indonesia or to be present when the property is divided.

Thus, a child working in Malaysia, a sibling residing in Saudi Arabia, or a mother accompanying a child abroad remains entitled to their share according to the provisions of faraid. What differs is only the manner of handling documents and exercising that right remotely.

What remains a requirement is the status as an heir, including the requirement of professing Islam as referred to in Article 171 of KHI. If a person does not meet the requirements of an heir, they are not an heir, regardless of where they live.

Obstacles that often arise: documents and presence

Because they are not physically present, heirs abroad are often left behind in administrative processing. Yet banks, land offices, notaries, or Religious Courts generally require complete and clear documents. Some documents commonly prepared:

Death certificate of the deceased.
Family Card (Kartu Keluarga) and identity documents of the deceased.
ID card, passport, or other identity of each heir.
Marriage certificate of the deceased and spouse, if any.
Proof of ownership of assets, such as certificates, bank books, or share documents.
Power of attorney if there are heirs who cannot be present.

Documents in foreign languages usually need to be translated by a sworn translator. For documents made abroad, legalization or apostille may be requested in accordance with applicable regulations. Because the requirements of each institution may differ, it is best to ask the bank, notary, or land office that will be used beforehand.

Power of attorney: a supporting tool, not a substitute for rights

Heirs abroad may grant power of attorney to family in Indonesia to handle administration. However, the power of attorney should be made as a special power of attorney (kuasa khusus): clearly stating the object being handled, the actions that may be taken, and the limits of authority. A power of attorney that is too general is often rejected or raises doubts.

For certain actions, a notary or institution may request legalization of signatures, translation, or even the direct presence of the rights holder. Therefore, do not assume one power of attorney can be used for all purposes. Consult the notary on the appropriate form of power of attorney.

Heirs abroad do not lose their rights because they are absent. They only need to ensure their documents and power of attorney are in order so that their rights can be exercised.

If the inheritance share is to be sent to an account abroad, clearly record the purpose of the transfer, the amount, and the approval of the other heirs. If the share is entrusted to family in Indonesia, make a written record so that no misunderstanding arises later.

Example: one child in Malaysia, assets of Rp600 million

Pak Hasan passed away and left a wife, two sons, and one daughter. One of the sons works in Malaysia. After funeral costs, debts, and wills are fulfilled, and joint property is separated if any, the net inheritance ready for distribution is Rp600,000,000.

Heir	Basis of share	Amount
Wife	1/8 because there are children	Rp75,000,000
Son 1	Remainder divided 2:1	Rp210,000,000
Son 2 (in Malaysia)	Remainder divided 2:1	Rp210,000,000
Daughter	Remainder divided 2:1	Rp105,000,000
Total		Rp600,000,000

The calculation: the wife's share of 1/8 of Rp600 million is Rp75 million. The remainder of Rp525 million is divided among three children in a 2:1 ratio, so the total share of the children is 5 parts. Each part is worth Rp105 million. Each son receives Rp210 million, and the daughter receives Rp105 million. The total is exactly Rp600 million.

The child in Malaysia remains entitled to Rp210 million. After the documents and administration are completed, that share can be transferred or arranged by written agreement. The distribution is still calculated first; family agreement is made after each share is known.

Checklist before the assets are divided

Determine who the heirs are, including those abroad.
Collect the death certificate, Family Card, marriage certificate, and identities of the heirs.
List all assets and debts of the deceased honestly and neatly.
Calculate each heir's share according to KHI and faraid.
Prepare a special power of attorney if there are heirs who cannot be present.
If the bank or land office requests it, submit a petition for determination of heirs to the Religious Court for Muslim families.
Create minutes of distribution signed by the heirs or their attorneys.

For land matters, notaries and PPAT assist in drafting deeds and transferring rights. For disputes or determination of heirs, the Religious Court is the competent institution for Muslim families. If there are differences of opinion about shares or documents, ask an ustadz who understands faraid and a notary or Religious Court officer.

Practical next steps

Start by making a complete list of heirs and assets. Mark who is abroad and which documents are incomplete. After that, calculate each share before making any agreement. IndoWaris can help map the family tree and calculate inheritance shares transparently, so the family has an initial picture that can be reviewed together.

Remember that this article is general information, not a fatwa or legal advice. For complex cases, consult the Religious Court, a notary/PPAT, or a trusted ustadz.