Is there a deadline for sharing the property left as an inheritance?

Sharing a deceased person's property is only possible once the probate process has been completed. Without this process being completed, no property can be shared or sold.

The law sets a deadline for opening the probate process, which, if not met, can lead to fines being levied as an immediate consequence, but can also pose other risks to the heirs.

Although the law sets a deadline, if the heirs take longer to file the inventory, even many years after the death of a person, it is possible to file an action. This right is not time-barred.

As a rule, the legal time limit is 60 days from the date of death. After this period, a fine will be levied, which each state establishes by its own legislation, but which on average is 10% of the value of the ITCMD (tax on causa mortis transmission). If the delay in filing the inventory exceeds 180 days, the fine can rise to 20%.

But there are other risks, such as the estate degrading and losing value, the property's bills piling up and the debt becoming "unpayable" or even one of the heirs occupying the property filing a usucaption action.

I don't have the money to pay for the inventory. What should I do?

What is observed in practice is that in most cases where the heirs do not file the action, this is due to a lack of money to pay the taxes and expenses of the action. In this case, it is possible to ask the judge to authorize the sale of an asset in order to pay the costs.

Contact us so that we can analyze your particular case and see how we can resolve your situation. Don't give up your assets, there is always hope and a solution!