What happens to the inheritance of the deceased without heirs?

When someone dies, there are many bureaucracies to resolve, especially about assets. The collection of benefits, rights and obligations that a deceased person leaves to their heirs is known as an inheritance. She divides the assets left over and establishes how much belongs to each heir. However, what about the inheritance of the deceased without heirs? Throughout this article we talk about it, so check it out.

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Procedures for the estate of the deceased without an heir

Overall, the law takes into account relationships between people. Thus, all those who are considered legal are described. Therefore, it is the people who legally must have possession of the assets of the person who died.

• Who are the legitimate heirs defined by law?

Also known as legal heirs, that is, they are people who have a legal affiliation with the deceased, which reserves a part of the inheritance for them. Based on the Civil Code, article 1829 defines that the legitimate heirs are those described below:

I: the descendants, in competition with the surviving spouse, unless the latter is married to the deceased under the regime of universal communion or the mandatory separation of property; or if, under a partial communion regime, the author of the inheritance has not left any private property.
II: the ascendants, in competition with the spouse.
III: the surviving spouse.
IV: the collaterals.

• Jacent and vacant inheritance

The first stage of what is called a recumbent inheritance occurs when someone dies without leaving any heirs. Or, to put it another way, it is when goods are collected and a trustee is chosen to look after them. While this is happening, a search for potential heirs is being conducted. After that, if there is still no heir, it is known as vacant inheritance. When this happens, the deceased person's assets are handed over to the Government. Even so, potential owners have up to five years to apply for benefits before they expire.

• The importance of a will

However, if you don't have any heirs, you can always leave a will outlining all your wishes for the distribution of your assets. For example, it can be for a single person or even for organizations and companies. A will is a guarantee for the future after death, as it contains the person's wish so that disputes do not arise. In other words, the will provides an estate organization after the testator's death.