Inheritance cases are governed by the Civil Code and may involve different situations depending on whether or not a will exists. Here’s an overview:
Testate Succession:
It occurs when the deceased (the deceased) left a valid will.
The will must meet legal requirements, such as being executed before a notary or in holographic form (handwritten by the deceased).
Intestate Succession:
It applies when there is no will or it is declared void.
Assets are distributed according to the order of succession established by law, which prioritizes descendants, ascendants, spouse, and other relatives.
Declaration of Heirs:
It is a judicial or notarial procedure to identify legal heirs in cases of intestate inheritance.
Evidence of relationship must be presented and legal requirements must be met.
Acceptance or Repudiation of Inheritance:
The heirs have the option to accept or reject the inheritance.
General Requirements:
Death Certificate: Document confirming the death of the deceased.
Inventory of Assets: Detailed list of the deceased’s assets and debts.
Relic Estate Contribution Form: Declaration submitted to the Department of the Treasury to comply with tax obligations.
Relief of the Treasury: Certification required to transfer inherited property.
The process can vary in complexity depending on the assets involved and family circumstances.
