In the field of inheritance law, you may be faced with a situation where one of the heirs cannot be located. This scenario may generate uncertainty and delay the partition of the inherited assets. However, Venezuelan law establishes clear procedures for the succession process to continue without compromising the rights of the absent heir. In this article, we explain in a practical way what to do if the heir is not found, what are the steps established by law and how to move forward in the partition of the inheritance in Venezuela.

1. The Absentee Heir: What Does the Law Say?

Article 421 et seq. of the Venezuelan Civil Code regulates the situation of the absent heir. If an heir does not appear to claim his part of the inheritance, he does not lose his right over the inheritance assets. The law protects his interests by allowing the inheritance process to move forward while his rights are safeguarded.

2. Formal Summons: The First Step

When an heir cannot be located, it is essential to issue a formal summons to notify him or her of the succession. If his or her whereabouts are unknown, it is necessary to proceed with a formal public summonswhich involves the publication of an announcement in the media. This ensures that the heir has the opportunity to come forward and claim his or her share of the inheritance.

3. Declaration of Absence

If the heir does not respond to the summons, the judge may declare his or her legal absence. This declaration allows the succession process to continue, but always with guarantees to protect the estate of the absent heir. According to Article 1060 of the Venezuelan Civil Code, the judge will appoint a curator to represent the absent heir and administer the assets that correspond to him/her.

4. Appointment of a Curator

The curator is in charge of preserving and managing the assets of the absent heir. His function is to ensure that these assets do not suffer deterioration and are in good condition when the heir appears. In addition, the process of partition of assets may continue, distributing the assets among the present heirs while the absent heir's portion remains under the administration of the curator.

5. What if the Heir Never Appears?

In case the heir is never located, after a reasonable time, the Venezuelan Civil Code allows the situation to be resolved according to the rules of intestate succession. In some cases, if there are no other heirs or there is no will, the assets may revert to the State.

6. Criteria of the Supreme Court of Justice

The Supreme Court of Justice (TSJ) has issued several rulings clarifying the process when an heir is not found. Ruling No. 372/2004 of the Civil Cassation Chamber, for example, reaffirms the mandatory nature of the public summons and clarifies that the partition of assets may continue without the presence of the absent heir, always protecting his rights.

7. What Can the Heirs Present Do?

If you are one of the heirs present and you are facing this situation, it is essential to follow the proper legal procedure to avoid complications. Here are some steps to follow:

• Make sure that the public citation is made.
• Request for a declaration of absence.
• Verify that a guardian is judicially appointed.

The absence of an heir in a succession process does not have to be an insurmountable obstacle. Venezuelan law offers clear mechanisms to continue with the partition of assets, protecting the rights of all those involved. If you find yourself in this situation, relying on the advice of a lawyer specialized in inheritance law is the best way to ensure that the process is carried out correctly, safeguarding the interests of both the present heirs and the absent heir.

At Venfort Abogados, we are ready to offer you the advice you need in your inheritance process. Contact us and ensure that everything is handled according to the best legal practices in Venezuela. By having offices in Latin America and Spain, we have the capacity to understand and attend cases on an urgent basis, a defense with the best approach and effectiveness for our clients. So if you want more information or need advice on this and other issues related to international criminal law. 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.