- Opening the succession procedure
Notarial succession procedure is opened at the request of any interested person and of the secretary of the local council of the locality in which the deceased’s assets were located at the time of opening the inheritance. The notary public to whom the matter has been referred is required to check his/her territorial jurisdiction previously and, if he/she finds that the succession falls within the jurisdiction of another notary public, he/she will withdraw the matter without further notification of the parties and will inform the applicant of the notary competent to carry out the succession procedure.
The application for opening the succession procedure may be made by any of the heirs, by the creditors of the succession or of the heirs, or by any other person who can show a legitimate interest.
- Determining the heirs and the property making up the estate
In the succession procedure, the notary public determines the status of the heirs and legatees, the extent of their rights and the structure of the estate. The status of heirs and/or, where applicable, the capacity of legatee, and the number of heirs and legatees will be established by civil status documents, by will and by witnesses. The property making up the estate will be proved by documents or by any other evidence permitted by law.
- Issuing the Certificate of Inheritance
Once the procedure has been completed, the notary will issue the certificate of inheritance, which may contain details of the manner in which the extent of the heirs’ rights has been established and any information justifying its issue.
The certificate of inheritance proves the legal or testamentary capacity of the heirs and the property rights of the heirs accepting the succession of the estate, in the proportion to which each is entitled.