Who can`t be an heir? The law does not recognize as heir the life partner of the deceased who has not signed the civil partnership contract, even if the people have lived together for a long time and are publicly recognized as a couple. What happens if the request contains an error or omission? As part of the actual ownership procedure, the civil registry will mathematically check whether the persons named in the application have the status of heirs. It shall include those which are not mentioned in the application and/or excludes those which are mentioned in the application but which, on the basis of the review, do not have this characteristic. The admission of all heirs in actual possession, even if they are not specified in the application, is a legal obligation of the civil registry office. On this occasion, we will focus only on heirs who, according to the law – and in the absence of a will – must inherit to the testator. That is, the legal heirs. María del Carmen is a bit of a long question and we have to check it very well. Please contact us via the contact and fill in all fields. www.legalchile.cl/contacto/ If one of the above-mentioned persons is deceased or does not exist, the legitimate heirs correspond to the closest blood relatives who descend from the same origin, without being descendants or direct descendants of the deceased.

They are uncles, aunts and cousins. What is actual possession? The actual possession of the inheritance is a procedure that must be carried out by one or more heirs, personally or represented by an agent, in order to legally dispose of the property left by the testator (deceased) (savings, house, car, etc.). If the succession is intestate (if the testator has not left a will), this procedure is carried out in the civil registry and the services of a lawyer are not required. There are two ways to be an heir in Chile. The law requires it if the deceased or deceased did not leave a will; they are the legal heirs in Chile. As we have already said, in Chile the legal system was responsible for the protection of heirs, but since the will is a unilateral and entirely voluntary act of the deceased, the question arises as to whether one of these assignees can be disinherited, and the answer is yes, but there are legal requirements and reasons for prosecuting it. What happens once the application is accepted? What to do? The regional registrar of civil status must render a decision authorizing beneficial ownership. This decision shall be published once in a regional newspaper on the 1st or 15th of each month or on the following working day if it falls on a Saturday or a holiday. Thereafter, registration in the National Register of Effective Property is ordered and the Civil Registry Office may issue the requested certificates. The entire procedure for actual possession includes the issuance of the first certificate, which is free of charge for the applicant. The certificate with all the information of the (complete) application will only be given to the heirs.

In any case, there will be other types of certificates that will be issued to everyone, as the National Register of Effective Possessions and the National Register of Wills are public. Once the certificate of registration in the National Register of Real Property is available, it is necessary: voluntary heirs – a classification that also belongs to the succession – are those whom the testator can introduce sovereignly or not, choosing them freely. The process of actual possession, especially in cases where there is no will, is designed for more or less fast processing and can be managed by anyone, which is why the form is correctly filled out with all its data, including assets, heirs, individualization of the deceased, among others, The dissolution of the actual possession should take between 30 and 60 days, Now, if we make mistakes while filling out the form, it will be rejected and therefore will have to be corrected, thus extending the processing time. Who considers himself an heir? Persons who, by law, have the right to succeed to the deceased if he did not actually dispose of his property during his lifetime.