Before Accepting

Before the acceptance

The estate is called Herencia yacente. There is no inheritor until such time that someone with a right to be an inheritor, accepts. The creditor, or third party with a right to some of the assets or a right to claim for debts, can claim against the estate as a separate heritage, which is called herencia yacente.

Any third party can go to the notary to request that the appointed inheritor accepts or waives the inheritance, giving that inheritor a period of thirty days to make this legal statement. During this period, the appointed inheritor or the legal inheritor can accept, waive, accept with beneficio de inventario , or ask for the drawing up of the inventory in order to deliberate. If none of these actions are taken, the inheritance will be deemed to be accepted, so the inheritor will be liable for the deceased’s debts not only with the inherited assets but also with their own assets, which are therefore at risk.

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