Inheritance and distribution of estate

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INHERITANCE AND DISTRIBUTION OF ASSETS


Distribution of assets is a legal acts that carries out, for example, the division of the assets acquired by a couple undergoing divorce or of the assets existing due to an inheritance process opened by death.
 
The sharing of assets following death takes place according to the entitlement of heirs and may be carried out according to either of two premises:
 

  • When there is agreement between the heirs, this undergoes formal expression through a public deed signed in the Notary Office;
  • In case of litigation among the heirs, or when there are minor, absent or with their whereabouts unknown heirs, or otherwise prohibited, incapable or collective persons, this is carried out through inventory processes.


The division of assets following death is not subject to any deadline. However, and to avoid complications, it is recommended such processes take place with brevity.


The waiver of the succession applies whenever somebody wishes to exclude themselves as successors to inheritances in which they hold no interest.


Following divorce, the spouses proceed with the division of their assets. Whenever there is agreement, this is set out in the divorce division agreement; in case of litigation, this makes recourse to the inventory process.

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