After the death of a person, one of the first legal steps the heirs usually need to take is obtaining an Inheritance Certificate (also known as Heirship Certificate). Without this certificate, the legal division and transfer of the estate cannot proceed. In practice, most inheritance-related actions—such as transferring property, accessing bank accounts, or settling the estate—depend on the issuance of this document.
Because the process involves filing a formal application and following judicial procedures, many families choose to handle it with the assistance of a lawyer. With proper legal guidance, the application can be filed correctly from the outset and unnecessary delays can be avoided. In this regard, Karimi & Associates Law Firm provides legal advice and representation to heirs throughout the inheritance certification process and the subsequent steps of estate distribution.
Below, we explain what an inheritance certificate is, the steps required to obtain it, and the documents that must be prepared.
What Is an Inheritance Certificate?
An inheritance certificate is an official judicial document issued by the Dispute Resolution Council of the deceased’s last place of residence. Through this certificate, the court formally identifies the legal heirs of the deceased and determines their respective shares under Iranian inheritance law.
In effect, the inheritance certificate serves as a legal confirmation of who the heirs are and how the estate is to be divided. It is a binding decision issued by the competent judicial authority and is relied upon by banks, registries, and other institutions.
Steps for Obtaining an Inheritance Certificate
The process begins by filing an application for inheritance certification with the Dispute Resolution Council having jurisdiction over the deceased’s final residence. Once the application is submitted and the required documents are reviewed, the council proceeds with the legal formalities and issues the inheritance certificate.
For a more detailed explanation of the procedural requirements, you may refer to the related article available on the website of Karimi & Associates Law Firm.
Required Documents for an Inheritance Certificate
When filing the inheritance application through a Judicial Services Office, several key documents must be submitted. The most important ones are outlined below.
- Official Death Certificate
Under Article 22 of the Civil Registration Law of Iran, every death—whether of an Iranian national or a foreign citizen—must be officially reported to the Civil Registration Organization. Based on this report, an official death certificate is issued.
The death certificate may be obtained by close relatives of the deceased, their lawyer, or any person present at the time of death, upon submission of the following:
- The national ID card and birth certificate of the deceased
- A medical certificate issued by a physician or hospital, confirmation from cemetery authorities, or the testimony of two witnesses with valid identification
It is worth noting that death certificates can now be obtained electronically, without the need for in-person visits.
- Identification Documents of the Deceased
- This includes the deceased’s national ID card and birth certificate.
- Marriage Certificate
- A copy of the marriage certificate of the deceased and their spouse, where applicable.
- Identification Documents of the Heirs
- Originals and copies of the national ID cards and birth certificates of all heirs.
- Notarized Affidavit of Heirship
To prepare a notarized affidavit, all heirs must attend a notary public office together with two witnesses who are familiar with the family and the heirs. The affidavit is formally drafted by the notary upon presentation of the death certificate and the witnesses’ signatures. This document has the legal effect of an official sworn statement and is accepted by judicial authorities.
- Will of the Deceased (If Any)
If the deceased left a will, it must be submitted along with the inheritance application so that it can be taken into account during the legal process.
Note on Inheritance Tax
Until 2016, heirs were required to submit an inheritance tax declaration before an inheritance certificate could be issued. Following amendments to the Direct Taxation Law, this requirement has changed. Heirs are no longer required to file the tax declaration at the certificate stage; instead, the inheritance tax formalities are completed after the inheritance certificate is issued and during the estate distribution process.
If you need legal assistance with obtaining a death certificate, filing an inheritance application, or managing inheritance and estate matters in general, you may contact Karimi & Associates Law Firm through the Contact Us section of our website. Our attorneys are available to provide clear legal guidance and represent your interests throughout the process.