Affidavit of Foreign Law in Indonesia: How Our Inheritance Laws Help You Claim Your Foreign Assets

As the world becomes increasingly interconnected, international inheritance cases are on the rise. When dealing with inheritance matters involving foreign assets or heirs, understanding the local laws and regulations in Indonesia is crucial. 

This post will delve into the Affidavit of Foreign Law, focusing on inheritance law and regulations in Indonesia, including both Muslim and non-Muslim perspectives. 

We will also explore the process of obtaining a Letter of Administration, Grant of Probate, and the management and distribution of the decedent's estate.

Inheritance Law in Indonesia

Indonesia is a multicultural and multi-religious country, with a mix of civil and religious laws governing inheritance. The primary laws regulating inheritance in Indonesia are:

1. Civil Code (Kitab Undang-Undang Hukum Perdata). Applies to non-Muslim Indonesians and foreigners.
2. Islamic Inheritance Law (Hukum Waris Islam). Applies to Muslim Indonesians.

For non-Muslims, the Civil Code stipulates that inheritance is distributed according to the deceased's will or, in the absence of a will, according to the law. The law dictates that the estate is divided among the heirs, with the spouse and children receiving the largest shares.

For Muslims, Islamic Inheritance Law governs the distribution of assets. The law dictates that the estate is divided into specific shares, with the spouse, children, parents, and other relatives receiving predetermined portions.

Affidavit of Foreign Law

When dealing with inheritance cases involving foreign assets or heirs, an Affidavit of Foreign Law from Indonesian lawyer like Wijaya & Co may be required. 

The Affidavit of Foreign Law serves several purposes:

1. Establishes applicable law. Confirms which Indonesian laws govern the inheritance case.
2. Explains inheritance rights. Outlines the rights and entitlements of the heirs under Indonesian law.
3. Facilitates estate administration. Assists the executor or administrator in managing and distributing the estate according to Indonesian law.

Letter of Administration and Grant of Probate

To manage and distribute the decedent's estate in Indonesia, the executor or administrator must obtain a Letter of Administration or Grant of Probate.

1. Letter of Administration. Issued by the probate court, this document authorizes the administrator to manage the estate.
2. Grant of Probate. Issued by the probate court court, this document confirms the validity of the will and authorizes the executor to manage the estate.

The process of obtaining these documents involves:

1. Filing a petition. Submitting a petition to the probate court, requesting the issuance of a Letter of Administration or Grant of Probate.
2. Providing documentation. Submitting required documents, including the will, death certificate, and identification papers.
3. Court examination. Undergoing a court examination to verify the authenticity of the documents and the applicant's entitlement.

Estate Management and Distribution

Once the Letter of Administration or Grant of Probate is obtained, the executor or administrator can proceed with managing and distributing the estate. This involves:

1. Identifying assets. Locating and inventorying the decedent's assets.
2. Paying debts. Settling outstanding debts and taxes.
3. Distributing assets. Allocating assets according to the will or Indonesian inheritance law.

Closing Thoughts

Inheritance law and regulations in Indonesia can be complex, especially when dealing with international cases. Understanding the applicable laws, obtaining the necessary documents, and navigating the estate administration process are crucial for ensuring a smooth and lawful inheritance process.

By engaging an expert in Indonesian law, like Wijaya & Co.,  to provide an Affidavit of Foreign Law, heirs and executors can better understand their rights and obligations. With the guidance of a qualified attorney at Wijaya & Co., obtaining a Letter of Administration or Grant of Probate, and managing the estate according to Indonesian law, can be accomplished efficiently and effectively.

My name is Asep Wijaya. Thank you for visiting my blogs and reading my posts!