Estate settlement
A succession is the procedure by which the estate of a deceased person is transferred to their heirs, in accordance with the provisions of the Civil Code. The succession procedure may take place both in the case of legal inheritance and where the deceased has left a will, under the conditions provided for by law.
Depending on the specific situation, the legal services may include assistance and representation in the succession procedure, the analysis of the entitlement to inherit, the identification of the heirs and the estate, the analysis of the existence of a will, the drafting of applications and other necessary documents, as well as representation in the notarial or judicial procedures concerning the settlement of the succession. The legal strategy is established according to the particular features of each case and the objectives pursued.
The succession procedure involves analysing the inheritance rights of each heir, the assets, rights and debts that make up the estate, as well as the other circumstances relevant to establishing the rights of each person entitled to inherit. Depending on the particular features of each case, matters concerning the acceptance or renunciation of the inheritance, the existence of reserved portions of the estate, the validity of the will or other situations provided for by law may be analysed.
The settlement of the succession may be carried out before a notary where the conditions provided for by law are met, and in situations where there are disagreements between the heirs or other circumstances that prevent the procedure from being settled before the notary, the inheritance rights may be realised through the courts, under the conditions provided for by law.
Experience gained in handling succession procedures shows that each case presents legal and patrimonial particularities that call for careful analysis and a tailored strategy. Managing the documentation and the procedural steps allows the procedure to be conducted within a clear legal framework and contributes to protecting the rights and interests of the heirs.
Frequently asked questions
Who can open the succession procedure?
The succession procedure may be initiated by any person who can establish an interest under the conditions provided for by law, including heirs, legatees or other entitled persons.
What happens if there is no will?
In the absence of a will, the inheritance is transferred according to the rules of legal inheritance provided for by the Civil Code. The status of heir and the shares of the estate are established according to the classes of heirs and the applicable legal provisions.
Can the succession be settled if one of the heirs does not agree?
Where there are disagreements between the heirs or where the procedure cannot be completed before a notary, the inheritance rights may be realised before the competent court, under the conditions provided for by law.
Can I renounce the inheritance?
Yes. A person entitled to inherit may renounce the inheritance under the conditions and within the time limit provided for by the Civil Code. The effects of the renunciation must be analysed in relation to the specific situation and the applicable legal provisions.
Can I accept the inheritance after the one-year time limit has expired?
The exercise of the right of succession option and the effects of the expiry of the time limit provided for by law must be analysed according to the circumstances of each case and the applicable legal provisions. The legal situation may differ in relation to the acts carried out and the conduct of the person entitled to inherit.
What is the certificate of heir?
The certificate of heir is the document issued in the succession procedure which establishes the persons who have the status of heir, the shares of the estate to which they are entitled and the assets that make up the estate, under the conditions provided for by law.
What is the certificate of status of heir?
The certificate of status of heir is the document issued in the succession procedure which establishes only the status of heir and the shares of the estate, without identifying the assets that make up the estate, under the conditions provided for by law.
What is the supplementary certificate of heir?
The supplementary certificate of heir is the document issued after the certificate of heir where, once the succession procedure has been completed, assets, rights or inheritance obligations are identified that were not included in the initial certificate. It serves to supplement the certificate of heir, under the conditions provided for by law.
What is the difference between the certificate of heir and the certificate of status of heir?
The certificate of heir establishes both the status and the shares of the estate of the heirs and the assets that make up the estate. By contrast, the certificate of status of heir attests only to the status and the shares of the estate of the heirs, without identifying the assets that form part of the estate.
How long does the succession procedure take?
The duration of the succession procedure depends on the number of heirs, the existence of a will, the composition of the estate, the existence of disagreements between the heirs and the particular features of each case. The procedure may vary according to the complexity of the file and the manner of settlement.
Can I settle the succession if one of the heirs lives abroad?
Yes. The fact that one or more heirs are domiciled or resident abroad does not, in itself, prevent the succession procedure from being conducted. The specific manner in which the procedure is conducted depends on the particular features of each case and the applicable legal provisions.
What documents are required to settle the succession?
The documents required differ according to the particular features of each succession. Depending on the specific situation, civil status documents, the ownership documents concerning the estate assets, the death certificate, the will (if there is one) and other documents relevant to resolving the procedure may be required.
Can I settle the succession several years after the death?
Yes. A succession may be settled even after a long period following the death, but the exercise of the right of succession option and the effects of the passage of time must be analysed in relation to the provisions of the Civil Code and the particular features of each case.
Can a will be challenged?
Yes. A will may be challenged under the conditions provided for by law, where there are grounds that may affect its validity. Depending on the particular features of each case, matters concerning the capacity of the testator, compliance with the formal conditions, the existence of defects of consent or other grounds of nullity provided for by the applicable legal provisions may be analysed.
Is tax payable on a succession?
The tax regime applicable to a succession differs according to the moment at which the succession is settled, the nature of the inherited assets and the legal provisions in force. Depending on the particular features of each case, there may be obligations concerning the payment of certain taxes or duties, which is why the specific situation must be analysed in relation to the applicable legislation.
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