In an inheritance, when there are several heirs and the relationships between them are difficult, the question almost always arises: is it possible to collect the inheritance without the others knowing? The answer is no, and it is categorical. This is how Laura Lobo, a lawyer specializing in inheritances and family conflicts, puts it, where she says that to collect an inheritance it is necessary to make the distribution, and to make the distribution all the heirs must intervene.
“If an inheritance is collected, it is necessary to distribute it, and in order to distribute an inheritance, it is necessary that all the heirs give their consent. Or failing that, it is agreed upon by a judge in a procedure for judicial division of the inheritance,” explains Lobo. “Therefore, no. It is not possible to collect an inheritance if all the heirs do not intervene.”
“The distribution of the inheritance requires the consent of all co-heirs”
The legal framework that supports this rule is found in articles 1051 et seq. of the Civil Code, which regulate the division of inheritance. The majority of legal doctrine understands that the partition carried out by the heirs themselves is contractual in nature, which implies that it is only valid if all the co-heirs give their consent. No heir can act unilaterally and divide the part he considers his own without the agreement of the rest.
If the heirs do not reach an agreement, the alternative is judicial proceedings. Articles 782 et seq. of the Civil Procedure Law regulate the judicial division of inheritance, a process by which any co-heir can request the judge to appoint an accountant-partier (a professional who makes the distribution in a binding manner for all) even if someone refuses to participate.
“If none of the heirs do anything, the inheritance will be left standing by the remains”
The lawyer recognizes that in practice it is not always easy to reunite all the heirs, since some do not know each other because they are distant relatives and others have lost contact and there are even cases in which an heir simply does nothing. But that does not block inheritance definitively. “In all these cases there are judicial mechanisms to advance the inheritance, to force those heirs who do nothing to accept or to make decisions,” explains Lobo.
The limit comes when no heir takes the initiative. “But all of this has to be moved by one of the heirs. If none of them does anything, the inheritance will be left standing by the remains,” warns the lawyer. In these cases, the deceased’s assets remain in a situation of indefinite division: without being distributed, without paying the corresponding taxes and without anyone being able to dispose of the assets.
“That is why it is very important that if you are faced with the processing of an inheritance, you have a professional to accompany you and advise you throughout the procedure,” Laura concludes in her explanation.