Sharing out

The sharing out of the estate

If the estate is left to various inheritors, they should agree how the assets are to be divided in the event that the deceased did not do so in his testament and did not appoint a contador- partidor (estate executor).

In the case of any disagreement regarding the sharing out, they must go to a succession proceeding

If a legatee has not been bequeathed a single asset but a share in the whole estate, this legatee ( called legatario de parte alícouta) is also a joint owner whose agreement is required regarding the sharing out of the estate.

If the assets within the estate were owned jointly, by the deceased and his or her spouse, prior to the sharing out of the estate, the matrimonial assets must be divided between the heirs and the surviving partner. If a “contador partidor” is appointed , this can be done by the surviving spouse and the contador partidor.

Until this division is carried out, neither the heirs, nor the surviving spouse can dispose of the assets, so the appointment of a contador partidor is highly advisable.

There are specific rules regarding minors or disabled persons.

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