The abintestate is a judicial procedure that begins to request the inheritance of a person who has died without leaving a will . The term abintestato comes from the Latin ab intestato, which means without a will.
This procedure will be applied when a person dies without leaving a will or if the will, having lost its validity, is void.
Declaration of heirs abintestato
The declaration of abintestate heirs is the procedure that must be followed to request the inheritance of a deceased person.
First, the order of inheritance will be taken into account. If the deceased person had children or grandchildren, they will be the beneficiaries. Secondly, it will be the parents or grandparents who are entitled to the property, in the absence of children, grandchildren, parents and grandparents, the heir will be the spouse.
In case the previous groups do not exist, the goods will pass to the brothers and the nephews.
There are two kinds of abstastado, first of all the notarial abintestato that will be made when the deceased has children, grandchildren, parents, grandparents or spouse. Otherwise, a judicial attempt will be made.
Notarial Intestate
When the deceased has children, grandchildren, parents, grandparents or spouse, the procedure will be performed at the notary . The procedure will be carried out at a notary office of the town where the deceased resided. For the declaration of heirs, an interested party (who has the right to inheritance by law) will be presented, without it being necessary for all heirs to attend. Two witnesses must appear next to the interested party.
It will be essential to present the Identity Card of the deceased person, the death certificate as well as the family book. The lawyer carrying the procedure must present the heirs act in 20 working days. By said act it will be necessary to pay some fees.
Judicial intestate
It takes place when there are no ascendants, descendants or spouse . The brothers or nephews will have to take care of the processing of the procedure through the courts. For this, it will be necessary to hire a lawyer and also an attorney to save time in court.
The lawyer must inform of all the procedures. It will be necessary to present the certificate of registration of the deceased, the death certificate, the certificate of the General Registry of Acts of Last Will and the certifications of the Civil Registry. On the other hand, two witnesses will be necessary to certify who were relatives of the deceased.
