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Losing a person is a very difficult position for any family, a complicated situation and one that takes time to overcome it. If that person had property in his or her name, whether movable or immovable, it must be distributed as inheritance through an inheritance process even if the person has left a will.
There are two types of succession processes, one in notarial and registry seats. The notarial succession is the one that is carried out when, among the presumed heirs, there is no contention (disputes) regarding the distribution of the assets; so the whole process is carried out before a Notary Public; and the other succession process is in judicial headquarters, it is when there is contention, this process can be initiated by any person, whether heirs or interested third parties.
In the succession process in judicial headquarters, the heirs must be identified, the content of the hereditary assets (inheritance) must be determined, the claims of the deceased can be collected, the debts must be paid, and the assets are delivered. At the beginning of the process it will also be necessary to determine if there is a will and the validity of this will be studied.
In the succession process in the judicial seat, the following procedures are carried out:
1. Inventory of the inheritance and a valuation of the assets.
2. Appoint an executor to manage the assets while the process is being carried out.
3. Debts are paid and claims are collected from the deceased.
4. Presentation of the final account.
5. Declaration of heirs.
6. Partition.
The partition occurs when the assets of the inheritance are divided, this can be given by an agreement between the heirs or, if there is no agreement, it will be the Judge who determines said partition.
If you require advice in inheritance law, we remind you that in ERP Lawyers we have a team of experts in the field, who can guide and collaborate for all your procedures. If you require advice and accompaniment in the adoption process, whether national or international, we invite you to contact us at the email info@erplawyers.com
