How to certify the status of heir in the event of succession

<p style="text-align: justify;">Being recognized as an <strong>heir</strong> is a fundamental step in <strong>managing an estate</strong>. Proving your <strong>right to inheritance</strong> is necessary not only to be able to dispose of the deceased's <strong>assets</strong>, but also to fulfill the tax and legal obligations associated with the <strong>inheritance</strong>. Depending on whether the succession occurs in the presence or absence of a will, the required documentation varies.

<p style="text-align: justify;"> </p>
<h3 style="text-align: justify;">Intestate succession (without a will)</h3>
<p style="text-align: justify;">When the deceased did not leave a will, the estate is devolved according to the rules of intestate succession, that is, based on the kinship ties established by the Civil Code. To certify <strong>heir status</strong> in these cases, the following documents are required:</p>
<ul style="text-align: justify;">
<li><strong>Death certificate</strong>: official document certifying the death of the person and which can be requested from the registry office of the deceased's municipality of residence.</li>
<li><strong>Family status</strong>: certificate demonstrating the family relationship with the deceased and identifying possible <strong>legitimate heirs</strong>.</li>
<li><strong>Attitude</strong>: sworn declaration made before a notary or the court clerk, in which the <strong>legitimate heirs</strong> are indicated based on the statements of witnesses.</li>
</ul>
<p style="text-align: justify;"><strong> </strong></p>
<h3 style="text-align: justify;">Testamental Succession (with a Will)</h3>
<p style="text-align: justify;">If the deceased wrote a will, the succession will be according to the wishes expressed therein. In this case, too, specific documents are required to <strong>certify the status of heir</strong>:</p>
<ul style="text-align: justify;">
<li><strong>Will</strong>: the document in which the deceased expressed his or her wishes regarding the division of the estate. It can be public (drawn up by a notary in the presence of witnesses), secret (kept by the notary but written by the testator), or holographic (written entirely in the testator's own hand).

<li><strong>Death certificate</strong>: required to prove the actual death of the person.

<li><strong>Publication of the will</strong>: if the will is holographic, it must be published by a notary, who officially notifies it to the heirs and certifies its validity.

</ul>
<p style="text-align: justify;"> </p>
<h3 style="text-align: justify;">Acceptance of the inheritance</h3>
<p style="text-align: justify;">Once you have proven your status as an heir, you must formally accept the inheritance. This process can occur in various ways:

<ul style="text-align: justify;">
<li><strong>Express acceptance</strong>: This is manifested through a <strong>formal declaration</strong>, drawn up before a notary or in a public deed.</li>
<li><strong>Tacit acceptance</strong>: This occurs when the <strong>heir</strong> performs actions that presuppose <strong>acceptance</strong>, such as the <strong>sale of an inherited asset</strong> or the <strong>request for a land registry transfer</strong>.</li>
<li><strong>Acceptance with benefit of inventory</strong>: This procedure is particularly useful to prevent the <strong>heir</strong> from being held liable with their personal assets for debts left by the deceased. With this acceptance, the <strong>inherited estate</strong> remains separate from that of the <strong>heir</strong>, limiting liability to the <strong>inherited assets</strong> only.</li>
</ul>
<p style="text-align: justify;"> </p>
<h3 style="text-align: justify;">Additional documents</h3>
<p style="text-align: justify;">Depending on the specific situation, additional documents may be required, including:</p>
<ul style="text-align: justify;">
<li><strong>Inheritance Declaration</strong>: document to be submitted to the <strong>Revenue Agency</strong> within 12 months of death, which reports the <strong>deceased's assets</strong> and calculates any <strong>inheritance taxes</strong>.</li>
<li><strong>Cadastral certificates</strong>: required to identify the <strong>assets properties forming part of the estate.

<li>Excerpts from marriage or birth certificates: useful for proving the inheritance line in some specific circumstances.

</ul>
<p style="text-align: justify;"> </p>
<h3 style="text-align: justify;">Important aspects to consider</h3>
<p style="text-align: justify;">A fundamental aspect to keep in mind is that the <strong>inheritance declaration</strong>, while a mandatory tax requirement, does not in itself constitute certain proof of the status of an heir. In fact, its submission to the <strong>Revenue Agency</strong> has the primary purpose of regularizing the tax aspects related to the <strong>inheritance</strong>, but does not constitute an official certification of the status of <strong>heir</strong> in the legal sense.</p>
<p style="text-align: justify;">Given the complexity of <strong>inheritance procedures</strong> and the potential for <strong>disputes between heirs</strong>, it is always advisable to consult professionals in the sector, such as those at the <strong>Inheritance Agency</strong>. A professional will be able to provide personalized assistance, ensuring compliance with regulations and protecting the <strong>heirs' interests</strong>.</p>