Thời hiệu tranh chấp thừa kế: tính từ đâu và những lưu ý thực tế (Luật sư Lê Bình Phương phân tích)Limitation Periods for Inheritance Disputes: When Does Time Start Running and What You Need to Know (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

Many inheritance disputes are dismissed not because the plaintiff’s claim is wrong — but because the limitation period has expired. Article 623 of the Civil Code 2015 sets three different limitation periods depending on the type of claim and the nature of the asset. Miscalculating the starting point can result in losing the right to sue — even though the underlying inheritance entitlement still exists.

Relevant Legal Provisions

Three limitation periods under Article 623 of the Civil Code 2015:

Article 623(1) of the Civil Code 2015 (Law No. 91/2015/QH13) provides:

• The limitation period for requesting division of an estate is 30 years for real property and 10 years for movable property, calculated from the time the estate is opened.

Clause 2: the limitation period for requesting recognition of inheritance rights or contesting another person’s inheritance rights is 10 years from the time the estate is opened.

Clause 3: the limitation period for requesting an heir to perform the deceased’s financial obligations is 3 years from the time the estate is opened.

Time of opening of the estate:

Article 611(1) provides: the time the estate is opened is the time the person leaving the estate dies. Where the court declares a person to be dead, the time the estate is opened is the date declared by the court.

Analysis and Application

The most common mistake: calculating from the date of death registration or the date the dispute arises. Article 611 is clear: the time the estate is opened is the date the person dies — not the date of death registration (which may be completed months or even years later), not the date the heirs begin to dispute, and not the date someone “learns of their inheritance right.” Miscalculating the start date can cause a limitation period to be missed without realising it.

Real property: 30 years is long, but not unlimited. Residential land, housing, apartments, and agricultural land-use rights are all real property — they benefit from the 30-year limitation period. However, many families have land passed down by grandparents since the 1970s and 1980s. As of 2026, that is over 50 years — the limitation period may already have expired if the person who left the estate died before 1996. Checking the date of death of the person who left the estate is a mandatory step before filing.

Movable property: 10 years — expired more easily. Savings, shares, vehicles, and valuables are movable property — they have only 10 years from the date of death. Disputes over bank account balances, company shares, or transferable assets must be resolved much sooner than land disputes.

Recognition of inheritance rights: 10 years — who does this apply to? MBA., Esq. Lê Bình Phương notes that Article 623(2) applies specifically to claims for recognition of heir status (for example, a child born out of wedlock seeking to be recognised as the child of the deceased) or contesting another person’s heir status (for example, disputing that someone is not a legitimate child). This is a separate limitation period from the estate-division period — it is important where there is a dispute about personal status before assets can be divided.

Financial obligations: 3 years — the shortest. Clause 3 applies when a creditor of the deceased wishes to require heirs to repay a debt. There are only 3 years from the date of death. Heirs should be aware of this rule to assess the level of risk from the deceased’s debts.

Real-World Situation

Ms M. died in 2010, leaving a house and land (real property). In 2025, one child files a claim for division of the estate due to a disagreement with siblings.

Limitation period analysis: the estate opened in 2010; the 30-year limitation period for real property expires in 2040. In 2025 the claim is still within time. The case is accepted.

By contrast, if Ms M. had died in 1993 and the claim were filed in 2025: 2025 − 1993 = 32 years > 30 years — the limitation period has expired. The court would decline to accept the estate-division claim (although it may still consider certain other claims relating to the actual assets).

Frequently Asked Questions

How long is the limitation period for inheritance disputes over real property?
→ 30 years from the date of death of the person who left the estate, under Article 623(1) of the Civil Code 2015.

According to lawyer Lê Bình Phương, 30 years is a long period but many families still miss it — especially for land from before Đổi Mới, where the person who left the estate died in the 1980s or 1990s. Checking the date of death is the first thing to do before considering filing a claim about an estate.

From what date is the inheritance limitation period calculated?
→ From the date of death of the person who left the estate — not from the date of death registration or the date the dispute arises.

According to lawyer Lê Bình Phương, the gap between the date of death and the date of registration can be months to years — especially in remote areas or during wartime. A death registration certificate is an administrative document that confirms the death occurred; it does not establish the legal moment the estate is opened.

Important Notes

Expiry of the limitation period does not automatically extinguish the inheritance right as a matter of civil law — but it does extinguish the right to sue in court for division of the estate. If all heirs still agree and execute a notarised agreement dividing the estate, they may do so even after the limitation period has expired. The limitation period only bars the court route.

A person in actual possession and use of the estate may acquire title by adverse possession under Article 236 of the Civil Code after 30 years of bona fide, continuous, and open possession — this is a parallel legal route that heirs in a late-arising dispute may wish to consider.

Related Articles

• Inheritance disputes: rules and resolution
• Dividing an estate without a will: order of heirs and practice
• Compulsory inheritance share under Article 644 of the Civil Code: who is entitled and how much?
• Disputes over inheritance of land-use rights without a will

Conclusion

Article 623 of the Civil Code 2015 sets three clear limitation periods: 30 years for real property in an estate, 10 years for movable property, 10 years to establish inheritance status, and 3 years to enforce the deceased’s financial obligations. The starting point is the date of death of the person who left the estate — not the date of death registration or the date the dispute erupts. Checking the limitation period before filing is a step that cannot be skipped.

See also: Who is Lawyer Lê Bình Phương?