Audacia Abogados

What is the acceptance and partition of an inheritance?

How to inherit smoothly?

Family Law
What is the acceptance and partition of an inheritance?

There are different procedures to do with which many heirs are not familiar and can generate great confusion. Therefore, the ideal is always going to be to have the experience and advice of lawyers specialized in inheritances who can make everything very clear from the first moment.

One of the concepts that escapes a large number of people who are going to receive an inheritance is that of the acceptance and partition of an inheritance. Do you know what it is exactly? What is this legal procedure for? Next, we explain it in detail.

What is the acceptance and partition of an inheritance

Inheritance acceptance and partitioning are two different processes that can be done all at once at the same time. We describe them below:

- The acceptance of the inheritance: in this action the heirs officially acquire this condition voluntarily. This does not mean that they will necessarily be the beneficiaries of a particular estate. There are three ways to accept the inheritance: for the benefit of inventory, the express and the tacit.

- The partition of the inheritance: on this occasion, the people who have already been called as heirs have accepted this condition, then they pay the debts and share the corresponding assets. As a conclusion, the acceptance is something unilateral of an heir and the acceptance with partition is the one that affects several members who make a distribution.

How to make an acceptance of inheritance

There are several different ways to accept an inheritance. To choose the most appropriate in each case, it is advisable to have expert professionals in this field, as is the case of Audacia Abogados. Here we tell you what each of them implies:

Acceptance pure and simple

This type of acceptance implies two modalities that are the following:

- Express acceptance: it is carried out in writing by means of a public or private document, the most common being to go to a notary.

- Tacit acceptance: implies the acceptance of administration or provisional conservation of the assets, and an acceptance as heir is not implicit.

Acceptance for the benefit of inventory

By accepting the benefit of inventory, the heir will receive only the debts that can be paid with the money of the inheritance. This means that in no case will he pay the remaining debts out of his own pocket, and he is freed from compromising personal assets.

As you have seen in this post, there are several ways to accept an inheritance. Each one has its peculiarities. To keep the pasta without fighting with your relatives, contact us.

Family Law

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