Introduction to Intestate Succession
When someone passes away without leaving a will, their assets are distributed through a legal process known as intestate succession. This procedure can be lengthy, complicated, and emotionally draining for families, potentially causing rifts within the family.
Initiating the Process: Tramiting the Intestate Succession
Renato Toledo, a notary public lawyer in Mexico City, explains that if the heirs are of legal age and there is no dispute among them, they can visit a public notary to initiate the intestate succession process. If there is no agreement or if there are minor heirs, they must start a family succession lawsuit before a family court judge.
Paulina Sandoval, a family law expert, details that a family member must file a succession claim, along with the deceased’s death certificate and proof of relationship. Once the process begins, the judge must order a search through all notarial archives nationwide to confirm that no unknown will exists, which incurs a cost between 3,000 and 5,000 pesos.
Notification of Intestate Succession
Upon confirmation that no will exists, the judge will convene a hearing and notify all potential heirs about the initiation of the intestate succession process. These may include direct relatives like children or parents, as well as collateral relatives up to the fourth degree, such as cousins or nieces and nephews.
Rules of Distribution
After the initial phase, it’s time to inventory assets and draft a distribution plan. According to Renato Toledo, this responsibility falls on the executor.
“The executor acts as a liquidator of a patrimony, and among their duties is to present an inventory of the assets that make up the heritage,” adds the notary public lawyer.
Each family will have a unique distribution scenario, depending on the number of assets, heirs, and their relationship. For instance, if the deceased has children, the patrimony is divided equally among them. However, each case must be analyzed to understand the relationship of all potential heirs and their respective shares.
Renato Toledo further explains that a spouse, if present along with the deceased’s children, has the right to inherit as a child, provided they lack sufficient means for subsistence. In the absence of children, parents, or siblings, the spouse can inherit the entirety of the assets.
The executor is also responsible for registering real estate, settling debts, and ensuring the heritage is in order for distribution.
A Lengthy and Tedious Process
Paulina Sandoval notes that, on average, an intestate succession—especially with conflict and numerous heirs—can take more than 10 years, and even without conflict, it can last between two to three years. Both experts agree that this prolonged process is due to the right of all heirs to appeal or reject resolutions, leading to additional lawsuits.
“I have witnessed numerous cases where families are at odds over an inheritance, causing relationships to fracture. The best way to prevent this is by drafting a will,” concludes Renato Toledo.
Key Questions and Answers
- What is intestate succession? Intestate succession is the legal process that distributes a deceased person’s assets when they did not leave a will.
- Who can initiate the intestate succession process? If heirs are of legal age and there is no dispute, they can visit a public notary. If there’s no agreement or minor heirs, a family succession lawsuit must be filed before a family court judge.
- What are the distribution rules? Distribution depends on factors like the number of assets, heirs, and their relationships. Children usually inherit equally, but each case must be analyzed to understand the relationship of all potential heirs and their respective shares.
- How long does the intestate succession process usually take? On average, it can last more than 10 years with conflict and between two to three years without. The process is prolonged due to the right of all heirs to appeal or reject resolutions, leading to additional lawsuits.
