he succession is a way to acquire the domain. It consists of the transfer of goods, rights and obligations due to death .
The elements of the sequence are:
- Causant (real or presumed death)
3. Cause (assignees)
The succession may be: universal or singular title.
- Universal title:when the deceased is succeeded in all of his transferable assets, rights and obligations or in a share of them, such as: half, third or fifth.
- Singular title: when it happens in one or more species or certain bodies (house), or in one or more indeterminate species of a certain genus (after cows).
The succession can be tested (there is a will after death), or intestate (there is no will). You may also be interested: What is unworthiness to inherit?
Process d e succession:
It can be presented in two ways.
It begins before the family judge when the heirs do not agree to initiate the succession or when there are minors, it is necessary to empower a lawyer to represent him in the litigation. The civil records of birth of the successors and the death certificate are required.
Once the lawsuit is admitted, the judge summons (stipulates a certain period) so that those who have an interest in the process are presented. People who arrive at the process must prove their quality as heirs or creditors. The action ends with the inventory of goods and partition
The heirs agree on how the property is distributed, the representation of a lawyer is required, the following documents must be submitted:
- Inventory Diligence and Appraisals
- Partition and adjudication work
- A certified copy of the death record of the deceased.
- Birth record of the heirs authenticated.
- Authentic copy of the marriage record of the deceased if he were married, otherwise if he had free union to provide the corresponding Declaration of marital union, but the latter will be a separate process where the interested parties must request before the court the declaration of the marital union of done.
- Copies of the public deeds of the property owned by the deceased or in general the titles that demonstrate the ownership of the deceased with the assets.
- Certificate of tradition and freedom property.
- Tax vouchers (property tax and valuation in force)
The Notary prepares an act of acceptance for the beginning of the succession, the place edict is made that is fixed for a term of ten (10) days in the Notary’s secretariat, a copy of it is given to those interested to make One-time publication in the press and radio.
Once the above is done and having determined that the deceased has no debts, the Notary authorizes the formalization of the succession, which is signed by the proxy of the interested parties or by the same as the case may be.
Once the partition has been accepted by the heirs, the transfer of assets is notarized by means of a public deed , this involves the notary payment, taxes and records so that the heir appears to be the owner.