Inheritance division

• What inheritance division is: shares and estate assessment
• Types of inheritance division
• Assignment of shares
• Indivisible assets
• How to proceed

What inheritance division is: shares and estate assessment

Inheritance division is the process by which co-heirs divide the estate of a deceased person. This process begins when multiple heirs exist, and co-ownership of the estate arises automatically upon the death of the deceased. The first step is to determine whether a will exists. If there is no will, the rules of intestate succession established by the Civil Code apply. Shares are allocated based on each heir’s degree of kinship with the deceased.

The division includes both assets and liabilities. The law treats both debts and assets equally, allowing heirs to accept or reject their share of the estate. A preliminary assessment of each asset is essential; it is advisable to consult professionals to avoid unexpected issues during the division process. Heirs also have the right to transfer their share to other heirs, who have the legal right of first refusal.

Types of inheritance division

Depending on the level of agreement among co-heirs, inheritance division can take several forms:

• Testamentary division: The deceased may determine the division in their will. The testator can assign specific shares, designate beneficiaries, set guidelines for asset valuation, or name professionals to handle the evaluation. This method ensures compliance with the rights of legitimate heirs and can be carried out using any legally valid type of will.
• Contractual division: This is achieved through mutual agreement among all co-heirs. If even one heir is excluded, the agreement is invalid. Professional advice is recommended to determine whether the division can be managed privately or through official channels. In complex cases—for example, an estate with ten heirs—mediation through a recognized Mediation Body may be appropriate. When the estate includes real estate or registered movable assets, the agreement must be notarized and officially registered.
• Judicial division: This occurs through a court ruling when heirs cannot reach an agreement. Before going to court, a settlement attempt via a Civil Mediation Body is legally required. If mediation fails, the matter proceeds to court. A civil lawyer is necessary for both steps. Legal aid may be available for those with limited financial resources. Professional guidance is strongly advised to avoid delays and complications.
• Division by joint request: This is a court-assisted alternative when co-heirs agree on their respective shares but need help assigning specific assets. For example, if two siblings both want the only beach house among three equally valued properties, they may file a joint request for judicial assistance in assigning assets.

Assignment of shares

Shares are typically assigned by drawing lots. Unequal shares are directly allocated, while equal shares are assigned by lot. If there is a discrepancy in value, financial compensation may be provided. Shares must be composed of estate assets, respecting the principle of qualitative equality, unless the testator or all heirs agree otherwise. Valuation should precede the formation of shares, and third-party professionals may assist to ensure fairness.

Indivisible assets

Certain assets cannot be divided without losing their economic or functional value. These include real estate, valuable items, and registered movable goods like cars. When indivisible assets are part of the estate, two solutions are possible:

1. One heir receives the asset and compensates the others for its excess value.
2. The asset is sold at auction, and the proceeds are divided among the heirs.

The second option is a last resort, used only when no heir is willing to accept the asset. These solutions ensure a fair outcome when physical division is not feasible.

How to proceed

Generally, the process begins by verifying the existence of a will. If none exists, heirs must be identified according to legal succession rules. The relevant Municipality can assist in identifying eligible heirs. Once identified, the estate's movable and immovable assets must be assessed. A division proposal should then be made to avoid legal proceedings.

In all cases, it is highly recommended to consult professionals for accurate asset valuation. This is increasingly important today, as digital assets like websites or social media accounts may have significant value. Proper valuation ensures respect for the deceased’s wishes and maximizes the estate’s benefits for the heirs.