When a person dies, the inheritance is not always distributed immediately. In many families it takes months or even years until the heirs They complete all the procedures and formalize the allocation of assets. During this intermediate time, a very common question arises, which is whether heirs can rent a home or premises that is part of the inheritance before it is distributed.
The inheritance lawyer Laura Lobo has resolved this issue in a video published on her social networks, where she confirms that, although many are unaware, this option is allowed.
The jurist’s response is clear, “yes, it is possible to put into rental of assets that belong to an inheritancealthough it has not yet been distributed, the lessor being the inheritance.” This means that, as long as the inheritance remains unallocated, the figure of the landlord will not be a specific heir, but rather the hereditary community itself.
Do all heirs have to agree to rent the home if the inheritance has not been distributed?
Although the lawyer explains that renting a home is possible, even if the inheritance has not yet been distributed, the same rules do not always apply as to whether or not the consent of all the heirs is necessary to do so, this will depend on the term of the rental contract.
In rental contracts of less than 6 years, Lobo explains that it is considered an act of administration, and that therefore “only the consent of the majority of the heirs will be necessary.”
In the event that the rental contracts are longer than 6 years, we would be talking about an act of disposition, in which the property is committed for the long term, and in this case the lawyer clarifies that “the consent of all the heirs will be necessary.”
That is, the longer the duration of the rental, the more demanding the law will be regarding the family agreement.