Helen (name changed), a US citizen, asked DEDICA:
"My father passed away in 2015 in Ho Chi Minh City, leaving behind a house. I settled in the United States long ago and have taken US citizenship. A few years ago, my siblings in Vietnam carried out the estate declaration on their own and transferred the house into their names, without ever telling me. Can I still reclaim my share of the inheritance now, or is it too late? I cannot return to Vietnam often, so how should I handle this?"
DEDICA ADVISES You still have the right to reclaim your share of the inheritance, and holding US citizenship does not take that right away. As a biological child, you belong to the first rank of heirs; the fact that your siblings declared the estate while leaving you out does not erase your share. The law allows you to demand payment of a sum equal to the value of your inheritance share. For real estate, the limitation period to request division of an estate runs up to 30 years, so your case (your father died in 2015) is still well within time. And you do not need to return to Vietnam: you can authorize a lawyer to file the lawsuit, take part in the proceedings and see the matter through until you receive the money. Below are the legal basis and the concrete steps.
Overseas Vietnamese with foreign citizenship still keep the right to reclaim an inherited property share
Many overseas Vietnamese believe that taking foreign citizenship means losing the right to inherit in Vietnam. This is a common misconception. The right to inherit is tied to the relationship of parent and child, husband and wife, or adoptive care, not to which country's passport you hold. As a biological child of the deceased, you stand in the first rank of heirs, on equal footing with your siblings.
So what does foreign citizenship actually affect? Not whether you are entitled to inherit, but the form in which you receive your share, especially for real estate. Under Article 44 of the Land Law 2024, if you fall within the category of persons of Vietnamese origin residing abroad who are permitted to enter Vietnam, you may be named on the residential land use rights; if you do not fall within that category, you still inherit but receive your share in value, meaning the property is converted into money to be remitted to you, and the right is not lost at all. In other words, even if your name is not on the certificate, your share is preserved in monetary form.
What about the fact that your siblings declared the estate and transferred the title while leaving you out? That does not make it lawful to push you aside. When an omitted heir comes forward, the law does not require the house to be re-divided in kind, but it requires those who already received the estate to pay you a sum corresponding to your share:
What this means for you: the practical goal is usually not to take back the house itself, but to compel the co-heirs to pay the correct value of your share (or to reach a fresh agreement). If they transferred the title based on a declaration document that omitted an heir, that document can be challenged in order to protect your rights.
Steps to sue while you are abroad
Before doing anything, determine whether the case is still within the limitation period. This is the decisive factor. For real estate, the limitation period for an heir to request division of the estate is 30 years, counted from the time the inheritance is opened (the date the deceased died):
Your father died in 2015, so the case is still far from the 30-year mark, and you fully retain the right to sue. (Many people mistakenly recall the figure of 10 years and assume the time has run out; for real estate the limitation period is 30 years.) Once you are sure the case is still in time, the process usually involves three steps:
- Identify the correct court. Disputes over inheritance of assets fall within the jurisdiction of the courts; for real estate, only the court where the property is located may hear the case (point c, clause 1, Article 39 of the Civil Procedure Code). One important update: previously, cases with a foreign element usually had to be brought before the provincial People's Court, but since 1 July 2025, under Law No. 85/2025/QH15 amending the Civil Procedure Code, first-instance jurisdiction now lies with the regional People's Court (Tòa án nhân dân khu vực); the provincial court only handles appeals, cassation and reopening reviews. Your statement of claim is therefore filed with the regional People's Court where the house is located.
- Prepare the evidence. You will need documents proving the parent-child relationship (birth certificate, civil status records) and documents proving the estate (the house's file, the land/ownership certificate, evidence that the co-heirs declared the estate and transferred the title). Documents issued abroad must undergo consular legalization and certified translation before they can be used in Vietnam.
- Authorize a lawyer. You do not need to return to Vietnam. A power of attorney executed abroad (notarized at a Vietnamese representative mission or consularly legalized) allows the lawyer to file the claim on your behalf, take part in conciliation and the hearing, and follow the matter all the way to the judgment-enforcement stage so that you actually receive your share.
Conclusion
In short, as a biological child in the first rank of heirs, you still have the right to reclaim your share of the inheritance even with US citizenship; the fact that your siblings declared the estate while omitting you does not erase that share. What you need to do: (1) determine the date the inheritance is opened to be sure you are still within the 30-year limitation period that applies to real estate; (2) gather and consularly legalize the documents proving the parent-child relationship and the origin of the house; (3) file a claim with the regional People's Court where the house is located, requesting re-division of the estate or payment of the value of your share; (4) if you cannot return to Vietnam, authorize a lawyer to pursue the matter until you receive the money. For real estate, the practical outcome is usually receipt in value, and that sum can be lawfully remitted abroad to you.
If your siblings have already transferred the title or negotiations are still unresolved, DEDICA can review the estate declaration file, assess the limitation period and the evidence, act under a power of attorney to negotiate with the co-heirs and represent you in court in Vietnam, even when you do not return. Contact DEDICA for legal advice tailored to your specific situation.
This content is for reference only; each case has its own particulars (the date the inheritance is opened, civil status documents, eligibility to own real estate in Vietnam, and so on). Please consult a DEDICA lawyer for advice precise to your situation.
