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Estate Affidavit for Indonesia

Estate Affidavit Template for Indonesia

An Estate Affidavit under Indonesian law is a formal sworn statement that details the assets, liabilities, and heirs of a deceased person's estate. This legal document must comply with Indonesian civil law requirements and, where applicable, Islamic law principles as outlined in the Compilation of Islamic Law. The affidavit serves as an official record for property transfer, asset distribution, and estate settlement purposes, requiring authentication by a licensed Indonesian notary and typically including supporting documentation such as death certificates, property titles, and family relationship evidence.

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What is a Estate Affidavit?

The Estate Affidavit is a crucial legal document in Indonesian estate administration, used when there is a need to formally declare and document the assets, liabilities, and rightful heirs of a deceased person's estate. This document is particularly important in Indonesia due to the country's dual legal system, which recognizes both civil law and Islamic law in inheritance matters. The Estate Affidavit must be prepared in accordance with the Indonesian Civil Code (KUHPer) and, for Muslim citizens, the Compilation of Islamic Law. It serves as a fundamental document for various purposes including property transfers, bank account access, insurance claims, and general estate administration. The affidavit must be sworn before and authenticated by a licensed Indonesian notary, containing detailed information about the deceased, their assets, all legal heirs, and supporting documentation.

What sections should be included in a Estate Affidavit?

1. Affiant Information: Details of the person making the affidavit, including full legal name, ID number (NIK), address, and relationship to the deceased

2. Deceased Person Information: Full details of the deceased person including full name, last known address, date and place of death, and marital status at time of death

3. Legal Basis: Statement of the legal basis for making the affidavit and applicable law (Islamic Law or Civil Code)

4. Heir Declaration: Comprehensive list of all legal heirs and their relationship to the deceased

5. Estate Description: General description of the estate's contents, including known assets and liabilities

6. Verification Statement: Sworn statement confirming the truth of all information provided

7. Witnesses: Names and details of two witnesses as required under Indonesian law

What sections are optional to include in a Estate Affidavit?

1. Foreign Assets Declaration: Required when the deceased owned assets in other countries

2. Business Interests: Required when the deceased had ownership in business entities

3. Outstanding Claims: Used when there are known creditors or pending legal claims against the estate

4. Multiple Marriage Declaration: Required when the deceased had multiple marriages (relevant for Muslim citizens)

5. Waqf Declaration: Required for Muslim citizens who established religious endowments

6. Power of Attorney: Included when the affiant is acting on behalf of other heirs

What schedules should be included in a Estate Affidavit?

1. Schedule A - Asset Inventory: Detailed listing of all known assets including real property, vehicles, bank accounts, and personal property

2. Schedule B - Liability List: Comprehensive list of all known debts and liabilities of the deceased

3. Schedule C - Supporting Documents: List of attached documents including death certificate, marriage certificate, heir cards, and property certificates

4. Schedule D - Family Tree: Diagram showing the family relationships and inheritance lines

5. Appendix 1 - Property Certificates: Copies of all relevant property ownership certificates

6. Appendix 2 - Identity Documents: Copies of ID cards, family cards, and other relevant identity documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Document Type

Affidavit

Cost

Free to use
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