The handling of an estate depends on the heirs, the assets, any will and whether there is agreement on the division. The office assists with establishing the heirs, division and registrations entrusted to it. Tax obligations and acts before other authorities follow their own procedures.
These are acts a lawyer may perform under the law. This office is not a notary office. Where an act requires a notary, registry office, tax authority or court, the competent authority will be identified.
How the act works
- 01
Who the heirs are
We start by identifying the heirs and the capacity in which they succeed, from the certificates and the will, if there is one. That is what the declaration of heirs settles.
- 02
What the estate holds
The assets and the debts are drawn up: property, vehicles, accounts, shareholdings and the charges attaching to each. An estate is inherited with its liabilities too.
- 03
Division
Where there is agreement, the assets are allotted to the heirs, with equalisation payments and the other necessary terms settled. Where there is no agreement, the route is inventory proceedings.
- 04
Registering the assets
Once the assets are allotted, registration is applied for in favour of whoever received them, according to the nature of each asset. Without this step the property stays in the deceased's name.
What is covered
Establishing the heirs
Identifying the heirs and the capacity in which they succeed, with the form and documents required in the particular case.
Division
Agreement on allocating assets to the heirs, including equalising payments and the other required elements. The form of the act depends on the assets and the applicable procedure.
Registering the assets
Applying to register the assets assigned to the heirs, according to the nature of each asset and the documents available.
Common questions
What to bring
The form and timing of each act depend on the documents, legal requirements and service availability.
- The death certificate and the will, if there is one
- Birth or marriage certificates for the heirs
- Property tax records, vehicle documents and statements for the deceased’s accounts
This page describes the practice in general terms. Every case turns on its own facts and on the stage it has reached, so nothing here replaces looking at the file itself.