When a person dies must perform a series of steps leading to the last will of the deceased are met so that their property and rights are awarded in the form provided by the deceased Testament, usually with the help of your insurance company, and a law firm.
In the event that the deceased had not left Testament, intestate succession, which will have the laws, we will have in mind that there are communities that have their own statutory law on inheritance. Succession refers to the inheritance of the estate of the deceased. This heritage is made up of all the assets, rights and obligations of a person which are not extinguished by his death. I.e. that integrates heritage assets, properties and rights, as liabilities, debts, of the person. A good lawyer can help with all of the legal considerations.
Steps to be taken when a person dies:
- Get Death Certificate. Is obtained in the Registry of the locality of the deceased, apply at least three copies.
- Last Will Get Certificate. In order to know if the deceased gave testament. What issues the General Register of Last Will, this document will contain the notary who made the Will and he should head the family.
- If no Will get a copy notarized.
- If there is no will, you have to make a declaration of heirs “intestate” succession rights have relatives to the fourth degree of kinship. The certificate of inheritance in these cases will be requested before the Court of First Instance of the place where the deceased had his domicile at the time of death.
Vacant inheritance: is known by this name to the estate of the deceased from the time of death until the heirs accepted the inheritance, during the time it takes the paperwork can appoint an administrator to discharge the obligations of the goods or appoint some of your heirs to take the necessary steps, in order that the assets are not impaired.
Testament: A document that indicates the bins to do with a person when it dies. It must be given freely and with their normal capabilities. If possible the best way to provide notarized Testament is, when this is not possible, the Act provides other forms of grant Testament.
Heritage and Legacy: The testator, i.e., the person making the will, can dispose of their property by inheritance or bequest. The heir is what happens to universal title, i.e. it receives all the rights, assets and liabilities that are not particularly assigned to anyone else and is obliged to make delivery of such other property, yes they are assigned by legacies. A legatee is what happens in a private capacity an asset or right in particular specially awarded. Legacy will be available in.
Form of testing: The way you have to dispose of their goods a person who wants to leave granted Testament.
- Legitimate strict: One-third of the assets of the Estate and will go to the heirs, as she has on the causative unrestricted, these are the children or descendants, parents and ascendants, the surviving spouse generally in usufruct.
- The third improvement: Nor is freely available, and to be assigned to the heirs, but here it is the testator benefit some children or grandchildren over others, since it does not require an equal division between them, however, If no fixed rules about it, will be distributed equally.
- The third unrestricted: The testator may leave it to anyone, family or not, natural or legal person. It should be remembered that, in the event that you survive the spouse shall have the right to usufruct, the enjoyment of property and what they generate to their own demise, the third of improvement and if there are no descendants or ascendants or only ascending, then the usufruct shall be two thirds of the inheritance.
Acceptance of the inheritance: Regarding the acceptance of this heritage can be express or implied.
Acceptance can also be outright or benefit of Stock: Will be full acceptance: when the estate of the deceased and the heir mixed. As a result the heir liable for the debts and other charges not only the assets of the estate, but also their own.
Acceptance with benefit of inventory: The hereditary their heritage and constitute separate assets and the heir is obliged to pay the debts and other liabilities and assets only to the values inherited, not possessions. You must be express notary or Judge to process your procedure or intestate estate.
The waiver or repudiation of the inheritance is the opposite of acceptance, and occurs when the heir expresses its desire not to purchase goods that inheritance assigned. The repudiation of the inheritance must also always express, requiring to be done before a notary public document. In addition, the waiver must be total, cannot give up some other and some not. Nor is valid waiver to be granted before the death of the person leaving the inheritance.
It is important to plan and execute the will: The advantages of making a will are innumerable, from the fiscal side, tax savings, to the avoidance of problems between families and of course, as a fundamental premise, respect the will of the person carrying the will, of the person who is actually the owner of the property and assets to inherit.