In Venezuela, the legal framework that regulates inheritance matters is established in the Civil Code and in the Law on Inheritance Tax, Donations and other Related Branches. These regulations establish the procedures and determinations that regulate the transfer or acquisition of assets by inheritance. Therefore, it is important to know these concepts and regulations beforehand, since mastering the subject helps to understand the steps to be taken in order to claim an inheritance. Knowing that there are cases in which there are wills that establish the efficient distribution of the estate, but there are other cases that are not so simple. In that sense, everything you need to know to initiate an inheritance in Venezuela.
Legal framework of inheritance law in Venezuela
This branch of the law is regulated in the Venezuelan Civil Code (from Article 807 to 1132) and the Inheritance, gift and related tax law. It is understood as a way of acquiring the property as well as the obligations and debts corresponding to such patrimony.
Opening of the succession and place of opening
The law determines that the persons interested or called to inherit have a legal term of 180 days after the death to file the respective Succession Declaration before the SENIAT and in order to determine the place or competent jurisdiction the last registered tax address of the deceased will be taken into account. It is worth mentioning that real estate is governed by the Law of the country where it is located.
Determine the type of succession
Inheritance Law is a branch of private law that regulates the transmission of assets. Within its legal framework we can find that there are two forms of succession: testamentary and intestate. Basically, in one, the testator voluntarily disposes of the assets, and in the other, they are transmitted by kinship according to the laws in force. When determining the type of succession to be carried out, the document is drafted with very precise information that supports the request in order to avoid problems within the procedure.
Requirements that must accompany the Probate Declaration
Successor's Tax ID No.
Death certificate of the deceased
Birth certificate of the interested parties, or filiatory data, in order to prove the degree of relationship with the deceased person
Documents of ownership of real estate
Payment of the tax
The Inheritance Declaration can be filed by any heir, but it is advisable to seek the advice of an attorney with experience in these legal procedures, in order to expedite the process. This must be filed within 180 days after the death of the person, in order to avoid the payment of fines and tax penalties. It must be requested before the SENIAT with all the documentation that proves the kinship and the documentation that supports the assets and liabilities that make up the estate.
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