In life we must be cautious, especially when a relative dies and does not leave a will. For this reason, here we leave the Requirements for an Intestate Estate.
In addition to that, you will also find information on the steps to follow to process an intestate succession, how much it costs to manage an intestate succession, the benefits obtained through them and other information of interest.
Documents Needed for an Intestate Estate
To carry out this procedure it is necessary to comply with the Requirements for an Intestate Estate. Therefore, the documents that must be presented are the following:
- Petition for intestate succession, this must go signed by the heir and admitted by a lawyer.
- The death certificate.
- Marriage certificate.
- Birth certificates.
- Negative certification of intestate succession, issued by the National System of Public Registries (Sunarp), This certification certifies that there is no registration or management that is being carried out regarding a succession.
- The negative testament certification, also issued by Sunarp, which likewise proves that there is no registration or management that is being carried out on a will.
Steps to Take for an Intestate Succession
When managing an intestate estate, the following steps must be followed:
Step N ° 1
Go to a judge or a notary and present all the legally required documentation. It is essential in this phase is assess the relationship between the heirs and the person who died.
It should be noted that this request must be filed in front of the judge or the notary of the domicile of the deceased person.
El Paso N ° 2
In this step the notarial deed is acquired and received or the consented judicial sentence, by means of which the heirs are declared.
However, it must be recorded that, prior to the final resolution taken by the judge or notary, they order to publish the intestate succession management.
Said succession must be published in the official newspaper El Peruano and in another with more circulation, this with the aim that the people who are created with the right to be heirs ask to be included as such.
Step 3
Finally, intestate succession must be registered in the National System of Public Registries (Sunarp). To carry out this step, the following documentation must be included:
- Registration request form.
- The consented judicial sentence or the notarial deed of intestate succession.
NOTE: After submitting the required documentation, it is sent to the public registrar for evaluation. If the relevant legal requirements are met, the registration is made.
Cost of Registering an Intestate Estate
This process begins by approaching the notary’s office, with the aim of requesting the Requirements for an Intestate Estate. The notary has to make a provisional annotation in Sunarp, where his compendium is published in the Official Gazette El Peruano, and in another newspaper written only once.
After being on hold for 15 business days, the notary proceeds to declare heirs to those who have certified the bond with the deceased person and will expand a notarial act, which must qualify and register the Sunarp.
The cost of the qualification and registration of the intestate succession in the Public Registries it has a value of 20 soles and it is done in your time of 48 hours.
In what situation can an Intestate Succession be processed?
An intestate estate can be processed in the cases mentioned below:
- When the deceased person does not leave a will, the one who has left has been declared invalid in part or in whole, has expired due to not being judicially corroborated, or the disinheritance is declared null.
- In the event that the will does not contain the institution of an heir, or the expiration or nullity of the provision that establishes it is proclaimed.
- When the forced heir dies before the deceased, gives up the inheritance or loses it due to being unworthy or disinherited and has no children.
- If the heir dies before the testator, or the conditions stipulated by the testator were not met, due to having renounced the inheritance, because the heirs without designated successors have been proclaimed unworthy.
- The deceased who does not have voluntary or forced successors included in the will, has not made its assets available to legatees, where legal succession only works on assets that are not disposed of.
NOTE: The intestate succession can be managed by all those people who believe they can be heirs. That is, by the spouse, partner, descendants, parents.
The petition that is consigned in front of the judge or the notary must have the possible legatees, as long as they comply with the Requirements for an Intestate Estate.
Profits
Legally, it is part of the budget that the person who dies has wanted their assets to be in the hands of the family.
In such a way that the Civil Code in its Article 983, grants conditions closer to what the family means, and decides who are summoned to the intestate succession.
For such purposes, the intestate succession is legally organized in succession orders. Which govern the way in which the persons summoned by the Law will inherit the deceased. However, succession orders are governed by some principles. These are:
- Any succession order is formed by a group of people linked to the deceased by consanguinity, marriage or adoption (except the Treasury, which in law is heir in the 5th order).
- Every order of succession is symbolized by a type of person who is the one that exists in the order, so that if this is missing, the next order is continued.
- It is understood that he is the person summoned to the intestate succession, either because he accepts the inheritance or because he is represented by the corresponding person according to the Law.
- The remuneration established by the Law, they are usually on an individual basis. That is, there are no intestate legacies.
What is it?
Intestate succession refers to a document issued by a judge or notary. Where a person is proclaimed heir the moment a person dies and does not leave a will. It is also known as a declaration of heirs.
Corresponding Succession Orders in Intestate Succession
The First Successive Order
According to Article 988 of the Civil CodeThis governs what is pertinent to each person, indicating that the surviving spouse will obtain twice what by legitimacy belongs to each descendant. Therefore, the rigorous legitimation is the part of the bones that the legitimary belongs to in the legitimary half.
On the other hand, the effective legitimate is the rigorous legitimate increased by a quarter of improvements or free disposal, which the deceased has not provided.
In the event that there is only one child, the spouse’s share is equivalent to the rigorous or effective legitimate of that descendant.
The person in charge (legislator) is the one who ensures that the surviving spouse receive at least a quarter of the inheritance or at least half legitimate.
Second Successive Order
Is considered spouse and ancestors of the deceased. In the event that there are no descendants who inherit individually or who are represented by the inheritance, the rule decides that the succession is divided between the surviving spouse and the ancestors of the deceased with the closest link.
Here the inheritance is divided into 3 parts, which are 2 for the spouse and one for the ascendants. But if there is a single ancestor with the closest link, this one obtains the entire part corresponding to all the relatives, taking into consideration the principle of the priority of the link.
If there is only one surviving spouse, the entire estate is for this. Also, if there are only ascendants, the entire inheritance is for them, therefore they are head of order.
The Third Order Succession
Siblings are included. In the event that there are no ascendants, no surviving spouse, or children, the entire estate, or the portion of it that is intestate passes into the hands of the deceased’s siblings; either these double or single link.
The part that corresponds to the maternal or paternal brother, will be half of the portion of the carnal brother. It should be borne in mind that the representation is used in the deceased’s siblings, in such a way that the nephews, due to the lack of the brother, are contained in this order.
Fourth Successive Order
Collaterals are provided here, this occurs in the event that there are no children, no surviving spouse, no siblings, and no ascendants.
Then, the successors are the collaterals of the deceased, considering the principle of priority of the degree. Bearing in mind that the right to succeed extends beyond the sixth grade.
It should be noted that the collaterals of simple conjunction, which are relatives of the deceased by the mother or father, have the right to half of the part of the collaterals of double conjunction.
The Fifth Successive Order
In this order is the Treasury, according to what is established in the Civil Code in its Article 955In the event that none of the named intestate heirs are present, the Treasury succeeds. In Article 983 it indicates that the Treasury is one of the heirs summoned to the intestate succession.
Article 1250 of the Civil Code stipulates that inheritances corresponding to the Treasury will be specifically admitted with the benefit of inventory. To learn more about intestate succession, you can enter this web portal where you will find detailed information.
The Requirements for an Intestate Estate They must be within reach, so that the corresponding procedures can be expedited in the event that there is no will by the deceased relative.
On the other hand, it is suggested that to avoid conflicts and misunderstandings between possible heirs, it is pertinent to make a will. Likewise, a respective analysis can be made to consider whether it is more convenient to make a donation while still alive or to draft an inheritance.