The succession of a property is a legal process necessary to transfer the ownership of a property after the death of the owner. In Venezuela, this procedure can be handled efficiently with the proper guidance and knowledge of the necessary documents. In this article, we will explain in a simple and concrete manner how to carry out the succession of a property and what documentation is indispensable.
What is Probate of a Home?
Probate is the legal process by which the assets of a deceased person pass to his or her heirs. This procedure can be tested (when the deceased left a will) or intestate (when there is no will). In both cases, it is essential to follow the established legal steps to ensure that the property is properly transferred to the heirs.
Steps to Succession of a Home in Venezuela
Documents: Before you can transfer your home, you must gather the following documents:
- Death Certificate
- Identity card of the deceased
- Identity card of the heirs
- Birth certificate of heirs
- Property ownership documents
- Cadastral certificate of the property
- Expert appraiser's report of the property with its respective values for the date of death.
- of the causer.
- Principal Residence Registration or Form 33 Payment Form.
Registration of the Succession in the SENIAT:
The heirs must register the succession with the National Integrated Customs and Tax Administration Service (SENIAT). For this purpose, it is necessary to present the above mentioned documents and to pay the Inheritance and Gift Tax within six months after the death.
Settlement of Inheritance Tax:
The SENIAT will calculate the tax based on the value of the property and the degree of relationship between the deceased and the heirs. This tax must be paid in order to continue with the process.
It is important to clarify that each succession case is unique and may have particularities that differentiate it from others. Therefore, it is essential to analyze each situation in detail before proceeding, making sure that all specific legal requirements are met and the steps to be taken are optimized. Having the advice of a specialized lawyer can ensure that the process is handled correctly and smoothly.
At Venfort Abogados, we offer comprehensive advice on all aspects related to real estate succession. If you need help with the succession of a property, please do not hesitate to contact us through our contact page. In addition, we share with you our social networks so that you can keep updated on the legal topics that are in trend: Instagram, Facebook, Twitter y Linkedin.
