Practice Area 03
Acceptance of Inheritance
An heir acquires the inheritance upon the death of the deceased; for real estate, however, ownership passes into the heir’s name only once the inheritance has been accepted and the acceptance has been entered in the Land Registry. Until then, the property cannot be transferred, mortgaged or distributed.
Our firm undertakes the legal settlement of inherited property, in cooperation with notaries — from the title search through to acceptance and distribution among co-heirs.
Acceptance of inheritance
We handle the acceptance of inheritance, having first examined the titles and encumbrances of the estate at mortgage registries and land registry offices.
Before accepting, it must be clear exactly what the inheritance comprises — not only the real estate, but also any debts of the deceased, since by accepting the heir also becomes liable for them. Reviewing encumbrances and debts shows whether acceptance is advisable and how it should be made.
Distribution of inherited and co-owned property
Where property belongs to several co-heirs or co-owners, we handle its distribution — by agreement or, where no agreement can be reached, through the courts.
Co-ownership is often the beginning of a long stalemate: none of the co-owners can sell the whole property or make use of it without the others. Distribution by agreement is almost always faster and cheaper than through the courts; where agreement is not possible, however, judicial distribution is what definitively ends the co-ownership.
Inherited property and the Land Registry
We regularise inherited property with incomplete or erroneous land registry entries, so that acceptance and any later transfer can proceed without obstacles.
Inherited property often appears in the Land Registry with incorrect details, or as “owner unknown” because no one declared it in time. Correcting the entry comes before acceptance — and certainly before the day the sale contract is signed.
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