1. In case of a family decease the heirs have until the end of the third month, posterior to report the free asset transmission at the finances department that belongs to the residence area of the deceased. After this first step, the heirs have to make the asset distribution,regarding movable and immovable assets (houses, lands, vehicles bank accounts, firearms), while using the Participation Model 1 of the Stamp Tax or reporting it verbally the decease data, of the beneficiaries and shared assets, being set down in writing by a Technical Secretariat of the same Finances Service. 2. The second step prior to the asset sharing is to make the inheritance deed which consists in a public deed where all the heirs present at the opening of the hereditary succession by death are listed. So that this document can be elaborated the following documentation is requires: – Narrative Death Certificate of the deceased; – Document that justifies the lawful succession (Birth Certificate, in the event of the deceased had been married, and Birth Certificate of the heirs); – Will Certificate or deed in which consists the donation by death (in case it exists); This deed has to be certified by a notary. 3. After the public deed respecting the certificate of inheritance follows the whole sharing procedure.The asset-sharing can be made by one of two ways, either it is made extra judicially when all the interested parties have come to an agreement or it is made judicially when they haven’t come to an agreement.If the asset sharing is made extra judicially it has to be done at a Notarial Office and formalized by public deed or certified private document if the inheritance includes immovable assets or company shares including immovable assets. On the other hand, if the asset sharing is made judicially, it can only be finalized after the inventory process has run its course, and it has to be requested at the Inventory Branch. Hence, regarding the inventory process, this begins with the filling of a claim by either one of the interested parties, to which they must attach the death certificated of the deceased. It is a functions of the Notarial Office headquartered at the municipal area where the opening of succession to process acts and terms of the inventory process and to include a person as heir by death (3rd article from Lei 23/2013, March 5th)
The claim for the inventory process as to state who is the representative of the beneficiaries, which means they have to mention who is the administrator of the deceased assets until the asset sharing isn’t complete.
After the nomination of the administrator, he is cited to the process so that he can proceed on the best possible way and is able to make statements regarding the identification of:
– the author of the inheritance, place of residence, date and place of death
– direct people interested in the sharing
– all that appears necessary to the development of the inventory process
After the first declarations of the administrator it is necessary to discriminate the assets of the deceased which must be specified by numbered funds following this order:
1 – Credit rights
2 – debt securities
3 – Money
4 – Foreign Money
5 – gold assets, silver, gemstones and similar assets
6 – other movable assets
7 – real estate
The debts are also included in the asset discrimination but separately (25th Article from th law 23/2013 from March 5th)
After those interested on the sharing are served to submit na opposotion to the asset discrimination or state their claim if it’s their understanding that it isn’t correct, to require the exclusion of a certain asset, that they believe it should not have taken part on the inheritance; or due to na incorrectness on the asset description (32th Article of the Law 23/2013 from March 5th)
Presenting the refered claim, the administrator will be notified to proceed on the following 10 days to the due changes (35th Article of the Law 23/2013 March 5th).
Having all the claims solved or in case they are non-existente the notary will designate the day that the preliminar conference of the interested parties will take place. At this conference the parties will be able to decide by a two-thirds majority vote the composition of the portions. The portion division is made according with the following:
1 – Appointing the funds that are to take part, in whole or only in fraction, of the portion of each of them and by whom they have to be awarded;
2 – Designating the funds or parcels so that they take part on the drawing of the interested parties, in whole or in part.
3 – Deciding on the sale of the inheritance assets, in whole or in part, and on the distribution of the revenue from the assets sale.
The interested parties are responsible for the deliberation concerning the passive approvoal, the form in which the legacy should be fulfilled and other inheritance related matters (48th Article of the Lei 23/2013, 5th March)
After the preliminar conference there will be another conference that will take place 20 days after the reffered and concerns the asset adjudication (49th Article of the Lei 23/2013 5th March)
Immediately following the conferences the inheritance will be effected. Thus the lawyers of the interested parties will be heard about the asset sharing and within 10 days after that hearing the notary will be in charge to draw up a dispatch that determines how the sharing should organized. From the dispatch it rests solely judicial claim to the Court of First Instance within a period of 30 days (Article 57th of hte Lei 23/2013 from March 5th)
In the judicial claim is lackin, after the order is made the notary organizes in 10 days the sharings mape according with the previous dispatch (Article 59th of hte Lei 23/2013 from March 5th)
Being the sharing map complete, the interest parties have 10 dayas to state their claim against any irregularity such as an inequality on the parcels or on the case that it hasn’t been made accordingly with the first dispacht (63th Article of hte Lei 23/2013 from March 5th)
Subsequently the drawing of the parcels takes place and there are as much papers on the urne as existing parcels. When it is finished, the parties can Exchange the parcels that were to them designated (64th Article of hte Lei 23/2013 from March 5th)
When the drawing is complete the local jurisdiction judge will rule a decision on the agreed terms. There can be na appeal from this decision on the terms stated on the Code of Civil Procedure (66th Article of hte Lei 23/2013 from March 5th)
These are the steps to be taken on case that the interested parties want to solve the inheritance judicially.
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