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Regularizing An Inherited Property That Is Still In The Name Of The Deceased Is Essential To Release Sale, Rental, Use, And All Possession Rights. Know How To Solve The Situation By Inventory Or Even Adverse Possession
Regularizing an inherited property that remains in the name of the deceased is essential to ensure the legal security of the ownership. This procedure is critical because only after its completion can the heirs decide whether to use the property, sell it, rent it, or make any changes.
Without the proper documentation, the transfer of ownership becomes more difficult and can create future problems.
Start Of The Inventory Process
The first step to regularizing the inherited property is to initiate the inventory, which can occur judicially or extrajudicially.
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The judicial route is mandatory when there are minors involved or when conflicts exist among the heirs. In contrast, the extrajudicial inventory, done at a notary office, requires that all parties are of legal age and in agreement.
The opening of the inventory requires specific documents, such as the death certificate of the deceased owner, personal documents of the heirs, property possession certificate, and a negative tax debt certificate.
Additionally, the payment of the Tax on Transmission Cause Mortis and Donation, known as ITCMD, is essential.
Without the payment of this tax, it is not possible to transfer the ownership. After the inventory is concluded and the taxes are settled, the heirs can formally request the transfer of the property.
Common Difficulties In The Process
Although it is a necessary procedure, the regularization process can encounter obstacles. Conflicts among heirs can slow down and complicate progress, which is why it is important to seek an extrajudicial agreement whenever possible.
Another common problem involves properties with outstanding debts. In these cases, the issues must be resolved before the transfer is completed.
Importance Of Regularization
The lack of regularization can prevent heirs from selling or renting the property, as well as hinder the transfer of possession to third parties. An irregular property can also incur debts due to overdue taxes. There is a 60-day period after the owner’s death to regularize the situation.
If it is not possible to initiate the inventory, an alternative is to file for adverse possession, provided that proper consultation with a specialized attorney is made.
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