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Insights · 6 min read

Certificate of Inheritance: Who Issues It and What Has Changed

A certificate of inheritance can be made by the heirs with the village head and sub-district head, a notary, the BHP or a court. Learn the forms and the rule changes since 2021.

After their father passed away, the three Wijaya siblings (a pseudonym) went to the bank to close his account, then to the Land Office (Kantor Pertanahan) to transfer the house certificate into their names. At both places, they received the same answer: "Please attach proof that you are the heirs." When they asked at the village office (kelurahan), they were advised to see a notary. At the notary, they were asked whether their family was Muslim, because there was another option through the religious court. (This illustration is fictional and anonymised.)

The document they were looking for is known in everyday terms as a certificate of inheritance (Surat Keterangan Waris). It states who the deceased was, when they died, and who all the heirs are. Without this document, the estate is effectively "locked". The bank cannot release savings, certificates cannot be transferred, and shares or vehicles cannot be passed on.

Why there are several types of document

Indonesia has no single law that specifically regulates which official is authorised to issue a certificate of inheritance. For decades, practice has rested on land administration rules and on customs that came from the colonial classification of the population.

The widely known old pattern was as follows:

  • Indonesian citizens formerly classed as "indigenous": a certificate made by the heirs, witnessed by two witnesses, and endorsed by the village head (kepala desa or lurah) and the sub-district head (camat).
  • Indonesian citizens of Chinese descent: a deed of inheritance rights (akta keterangan hak mewaris) from a notary.
  • Indonesian citizens of other Foreign Oriental descent, such as Arab and Indian: a certificate of inheritance from the Estate Administration Office (Balai Harta Peninggalan, BHP).

This pattern has long been criticised for distinguishing citizens by ethnic origin, in line with the spirit of Law Number 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.

Changes under ATR/BPN Regulation 16 of 2021

For land registration purposes, the rule is now found in Article 111 of Regulation of the State Minister of Agrarian Affairs/Head of BPN Number 3 of 1997, as last amended by Regulation of the Minister of ATR/Head of BPN Number 16 of 2021. Under the new Article 111 paragraph (1) letter c, proof of being an heir may take the form of:

  1. a will from the deceased;
  2. a court judgment;
  3. a determination by a judge or the head of a court;
  4. a statement of heirs made by the heirs, witnessed by two witnesses, and acknowledged by the village head or lurah and the camat of the deceased's place of residence at the time of death;
  5. a deed of inheritance rights from a notary domiciled in the deceased's place of residence at the time of death; or
  6. a certificate of inheritance from the Estate Administration Office.

The most important change is that the population-group labels have disappeared from the wording of the article. The six forms are now listed as options, without mentioning the heirs' ethnic origin. In their place, a territorial limit appears. The statement is acknowledged by the lurah and camat of the deceased's place of residence, while the notarial deed is made by a notary domiciled in the deceased's place of residence at the time of death.

There are two important caveats. First, this rule applies to registering the transfer of rights to land and strata title units. Banks, securities companies and other institutions may apply their own internal requirements, and some still follow the old pattern. Second, academic studies note that its application at Land Offices is not yet fully uniform. For this reason, families should first ask which type of document the institution concerned will accept.

Determination of heirs by a court

Besides the documents above, heirs may apply to a court for a determination of heirs (penetapan ahli waris).

  • The religious court (Pengadilan Agama) has jurisdiction over inheritance cases between Muslims, including determining who the heirs are, under Article 49 of the Religious Courts Law as amended by Law Number 3 of 2006. Many Muslim families choose this route when a financial institution asks for a court determination, or when the composition of heirs is complicated.
  • The district court (Pengadilan Negeri) can hear inheritance cases for those who are not subject to the jurisdiction of the religious court. Practice on accepting uncontested applications for a determination of heirs at district courts is not always the same in every region.

A court determination generally takes longer than other documents, but gives greater certainty, especially if there is potential for disagreement within the family.

Contents to pay attention to

Whatever its form, a good certificate of inheritance contains complete and accurate data:

  • the identity of the deceased and the date and place of death;
  • the deceased's marital status, including any previous marriages;
  • all children, including those who died earlier, together with their descendants;
  • the legal basis for the division used.

The most common mistake is a missed heir, for example a child from a first marriage or a grandchild of a child who has died. Mistakes like this can cause the document to be challenged years later, even after the assets have been transferred.

Practical steps for families

  1. Gather the basic documents: death certificate, marriage certificate, family card (kartu keluarga), birth certificates of all heirs, and identity documents.
  2. Determine the inheritance law that applies to the deceased, because this affects who the heirs are and how large their shares are.
  3. Ask about the requirements of the institution concerned, such as the Land Office, a bank or a securities company, before choosing the form of document.
  4. Check whether a will exists through the certificate of wills service (surat keterangan wasiat) before preparing the certificate of inheritance.
  5. Consider a court determination if the family structure is complex or there is potential for disagreement.

Key points

  • A certificate of inheritance is the key to transferring almost every type of estate asset.
  • Since ATR/BPN Regulation 16/2021, Article 111 lists six forms of proof of heirship without population-group labels, but with a territorial limit based on the deceased's place of residence.
  • The religious court has jurisdiction to determine the heirs of a Muslim deceased; a court determination gives greater certainty.
  • Financial institutions may apply their own requirements, and practice at Land Offices is not yet fully uniform.
  • A complete and accurate list of heirs matters more than the form of the document.

If your family is preparing heirship documents or would like to organise family records early, Parampara's consultation team can help plan the steps.

This article is general information and not legal advice. Requirements may differ between institutions and may change; consult a qualified notary or advocate about your situation.

Legal basis & references

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