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Are inheritances without a will common?

On many occasions, the situation arises in which a family member dies without having made a will. In this sense, if the death of a loved one is already a complicated matter, we want you to understand that inheritances and wills are not. Therefore, in this article we want to introduce you to some of the most important concepts that are good for you to learn to better deal with, and in legal terms, situations like these. Take note of the following explanations, we are sure that they will be very useful to you.

How the concepts of inheritance and will differ

That said, and although it may seem strange, we once again emphasize that most people do not usually make a will before their death. Therefore, it is not an anomaly to find inheritances without a will.

Now, it is interesting that we distinguish how the concepts of inheritance and will differ. Well, the first term refers to the rights, assets and obligations that are inherited directly from a person after their death. On the other hand, the will is the document that includes the individual’s voluntary declaration where the wishes of that person are set out in relation to their assets once they have died.

How to deal with an inheritance without a will

In these situations, that is, when there is no inheritance without a testamentary heir, the assets are distributed among the relatives of the deceased, his or her spouse, descendants, ascendants or collaterals. If they do not have heirs, they pass to the State. When the heirs have already been determined, the Declaration of heirs must be made before a Notary, which is the step prior to accepting the inheritance.

It is important that we understand that this order of succession is established by law. Or put another way, it is part of the civil code. Therefore, this mentioned order cannot be skipped or altered unless described in the law itself.

Do you have more questions? We will be happy to help you resolve any issue.