How to sell an inherited property?

In this article we are going to see how to sell an inherited property, pFor this, we must first know the concept of delation of the inheritance What does the denunciation of the inheritance consist of? This is the right to accept or reject the inheritance. The process of declaring the inheritance must be prior to the sale of the inherited property and therefore it is necessary to wait for the acceptance of the inheritance to be able to sell the inherited property.

Based on the law, we define the disclosure of inheritance as the point of rejection or acceptance of inheritance or legacy, by potential heirs or persons with inheritance rights. An important piece of information that heirs usually need to know to make the decision is the possibility of sell the property for cash as soon as possible.

The beginning of the succession process takes place on the day the deceased dies, then the heirs chosen by the testamentary or legal provisions are called, who until now cannot be considered heirs. Then the heirs must decide whether to accept or reject the inheritance, this succession process is the denunciation of the inheritance. That is, once they accept and the denunciation process is carried out, they go from being potential heirs to real heirs.

The content of the inheritance claim

This figure would not be as relevant if it did not produce certain legal effects. So:

• In the first place, only during the denouncement of the inheritance, the right that is granted to the summons to an inheritance to accept or repudiate it is obtained, that right is called jus delationis. As dictated by the Civil Code the jus delationis it can be transferred to successors when its holder dies before exercising it.
• Second, the jus delationis gives the heir the opportunity to carry out acts of preservation of the inheritance.
• Finally, the jus delationis will carry out effects on the succession process:

The potential heir who rejects the inheritance will be expelled from it and the one who accepts it will become heir, with the legal force that this implies; Unless you accept for the benefit of inventory, which is what you mean by accepting on the condition that the heir is not obliged to pay debts that exceed the value of the deceased's inheritance. A patrimonial confusion will be created, from the acquisition the two patrimonies are confused: that of the heir and that of the deceased. Taking responsibility for the charges and obligations.

You must please the people who have the right to enforce your obligation and heirs, as well as creditors of the heir. La real repercussion of the accusation it is to decide who of those called to inherit, who will be able to accept or deny the inheritance.

If the will includes a Socinian clause, a testamentary clause by which the testator leaves the heirs with a value greater than their legitime as long as they meet a condition or prohibition, the heirs must deliberate whether they agree or not at the time of approval. To deny it, they will need to refute the will, because otherwise the widow's usufruct, that is, the person who allows the surviving spouse to enjoy the assets of the deceased even though his property belongs to other heirs, will extend over the entire estate.

Example of denunciation of the inheritance, or How to sell an inherited property?

The tendency and the accusation of heredity can be simultaneous. We will expose a case to distinguish the concept of delation:

Let's put ourselves in the situation where a person dies without leaving a will. The rules of intestate succession, that is, that hereditary succession mortis causa that occurs in the case of non-existence or invalidity of the will of the deceased dictates that their children and descendants will be at the head of their parents and ascendants.

However, everyone has the expectations of the effectiveness of the legal norms and of the obligations and prohibitions arranged or predisposed by it to inherit. Thus descendants and ascendants will be called to inherit.

Still, given the mentioned inclination, ascendants will only get the jus delationis in case the children renounce the inheritance. For this reason, until they decide to leave the hereditary process, they will not have the right to accept or reject the succession due to death.

We must not confuse the accusation of inheritance and the accusation in the criminal field or "rewarded accusation" the latter consists of an agreement reached by the investigated (accused or convicted) for the commission of a crime and the State, in exchange for the confession or the provision of relevant information.