Succession and division are different stages

In a dispute between heirs, it must first be determined who has the right to inherit, what assets and debts are included in the succession and what share each of them receives. Only then can the inheritance be divided, that is, the distribution of the assets among the heirs. Conflicts regarding the will, the right to inherit, the estate size or the shares may require separate resolution before the distribution.

Succession proceedings at the notary

The notary verifies the civil status documents and the will, determines the heirs and legatees, the extent of their rights, and composes the succession estate. In the proceedings, the deceased’s and the surviving spouse’s common assets can also be determined, as well as the succession estate based on the admitted documents and evidence.

If the heirs contest the quality or do not agree on the property or extent of the rights, the law allows the suspension of the succession proceedings. The notary records the established facts and instructs those interested to resolve the dispute in court. The certificate of heirship is issued after the rights are clarified in accordance with the law.

Check the deadline for accepting the inheritance

The right of succession by option is usually exercised within one year of the opening of the inheritance. The Civil Code provides special rules regarding the beginning and calculation of the term in certain situations, so the date of death, the acceptance documents, and the concrete circumstances must be verified. Do not confuse this term with the term for claiming the share, which is, in principle, imprescriptible.

Friendly Division of property or in court

If the heirs agree on the property, shares and the method of division, the division can be made by mutual consent. The deed of division of property on immovable property must be concluded in the form required by law. If there is no agreement, any of the co-owners may request judicial partition, indicating the parties, titles, the property and their value, as well as the relevant claims or debts.

The court determines the divisible amount, the shares and the method of division after the evidence is presented. The rule is that the division is in kind, proportional to each party’s rights. If a good cannot be easily divided, the court may assign it to one of the co-owners with payment of a share to the others or may order the sale and distribution of the price. Valuation or expert testimony is administered if necessary for the value or formation of the lots; it is not mandatory in any case.

Documents useful for preparing the file

  • the death certificate, civil status documents and the will, if any;
  • the certificate of heir or the documents from the notarial procedure;
  • the property deeds and land registry extracts for real estate;
  • documents regarding the accounts, movable assets, debts and expenses of the succession;
  • documents regarding the possible matrimonial regime and the share of the surviving spouse.

A bad will, a contested will or a disagreement over the share can change the procedure and the necessary evidence. Before requesting the share, first clarify who the parties are, what the estate is estate and whether there are debts or jointly owned property to liquidate.

Legislative sources

For related information, please consult category Succession Law. The information is general; the term and the procedural path depend on the documents and the situation of the inheritance.