Procedures and Services

Successive Deeds

    Successive Deeds

1.1 ACCEPTANCE OF INHERITANCE AND ALLOCATION OF ASSETS: Acts by which the people called to inheritance express their willingness to accept it and incorporate the assets into their assets.

    The parties concur with their respective IDENTITY CARDS.
    Present:

    Authorized copy of the Declaration of Heirs or Testament, if applicable.
    Positive or negative certifications, as appropriate, from the Registry of Last Will Acts and Declaration of Heirs of the Ministry of Justice.
    Property title of the property, whether movable or immovable.

 

If it is a home that has been registered in the Land Registry: Domain Certification.

If it is a motor vehicle: Certification of its registration in the Vehicle Registry of the Ministry of the Interior.

In the case of bank account balances and interest: Document issued by the corresponding Bank, Agency or Branch, proving the number and type of account, balance, proof of payment of the beneficiary, proceeding, interest and any other data of interest.

If it is a Vault: Certification of your registration; and authorization of the transmission if it is located in Necropolis declared a national monument.

In relation to other assets, the advice of the Notary will be attended.

1.2 WAIVER TO BE CALLED TO THE INHERITANCE: It is stated in a document before a notary or before a competent court that knows the succession process.

    Attend the interested person with their ID CARD.

 

If they have children, declare the number of children as well as their names and surnames, according to their respective identity cards.

1.3 ASSIGNMENT OF HEREDITARY RIGHTS: Act by which he or heir (s) transfer their rights to other joint heirs or to a third party.

    The person interested in transferring or both, the transferor and assignee with their respective ID CARDS.

If the assignee does not attend their generals (names and surnames, citizenship, home address and identity card number).

    Death certificate of the deceased.
    Authorized copy of the Declaration of Heirs Act, and negative certifications of acts of last will and positive of declaration of heirs, if the term of one year has not elapsed; or authorized copy of the Notarial Will, positive certification of acts of last will and negative of declaration of heirs.

 

1.4 TESTAMENT: Act by which a person disposes of all or part of her patrimony for after her death. It is a very personal act. Two or more people cannot test on the same document. The subsequent will revokes the previous one, unless the testator expresses his will for it to subsist in whole or in part.

The freedom to test is limited to half the inheritance when there are specially protected heirs, who are they? –The children or their descendants in the event that they have been deceased, the surviving spouse, and the ancestors, as long as they are not fit to work and depend economically on the deceased.

If the testator does not have specially protected heirs, he can test in favor of any person.

The testator may designate substitutes for the instituted heirs in the event that they die before him, do not accept or renounce the inheritance.

    Attend the testator with his ID CARD.
    Two witnesses with their respective identity cards.

They cannot be witnesses:

    Those under 18 years of age;
    the legally incapacitated;
    the blind or deaf, to testify about facts whose knowledge is prevented by reason of their limitation;
    the relatives of the authorizing Notary within the fourth degree of consanguinity or second of affinity; those who have been sanctioned for crimes against the public faith or perjury; the heirs or legatees, nor their relatives within the fourth degree of consanguinity or second of affinity;
    the testator's relatives within the fourth degree of consanguinity or second of affinity;
    and those who do not understand the Spanish language.

It has also been established that the workers of the Notary where the will is authorized cannot be witnesses.

This particular act requires prior consultation and advice from the Notary.

Add comment