Intestate succession: what to do when the deed is still in a deceased relative’s name

When a person passes away without a will, their estate does not transfer to relatives automatically. It has to be processed. Intestate succession is the legal proceeding that recognizes the heirs and transfers the assets —especially the property— into the right name. This guide explains how it works, its stages and the executor’s role.

What is intestate succession?

It is the proceeding followed when someone dies without a will. Its purpose is twofold: to formally recognize the legitimate heirs and to award them the deceased’s assets according to the law. If there were a will, the proceeding would be testamentary; without one, the law determines who inherits and in what proportion.

The most common case: the deed is in the deceased’s name

This is the situation we see most. The family “has” the house and has lived in it for years, but the deed is still in the name of the parent or grandparent who passed away. Until that is corrected, the property cannot be safely sold, mortgaged or inherited: legally, it still belongs to the estate, not to the heirs.

Succession is precisely the means to re-deed the property in the heirs’ names and close that open door.

Who inherits when there is no will?

Without a will, the Civil Code sets an order of preference among relatives. In general terms:

• First, the descendants (children) and the spouse.
• In the absence of descendants, the ascendants (parents).
• Then, other collateral relatives (siblings, etc.).

The exact order and proportions depend on each case and on the Civil Code of the relevant state, so it is worth reviewing the specific family situation before starting.

Stages of intestate succession

Although every case is different, the proceeding usually goes through four stages:

1. Filing the succession. The proceeding begins before the competent judge or notary, and death and kinship are evidenced.
2. Recognition of heirs and appointment of an executor. The heirs are recognized and an executor is appointed to represent the estate.
3. Inventory and appraisal. The assets that make up the estate are identified and valued, with special attention to the property.
4. Adjudication and deeding. The property is awarded to the heirs and deeded in their name.

What is the executor and what do they do?

The executor is the person in charge of representing and administering the estate until it concludes: promoting the proceeding, safeguarding the assets, drawing up the inventory and, finally, delivering and adjudicating the estate to the heirs. They are not the “owner” of the assets: they are an administrator with legal responsibilities toward the heirs.

Before a judge or a notary?

There are two routes:

• Before a notary. When all heirs are of legal age and in agreement, this is usually the faster route.
• Before a judge. When there is a dispute among heirs, minor heirs or a circumstance that requires it, the proceeding goes through the court.

Choosing the right route from the start saves time and money.

How much does it cost and how long does it take?

It depends on several factors: whether the heirs agree, the number of assets, the state of the paperwork and the chosen route. An uncontested case can be resolved in a few months; a contested one, longer. In an initial consultation we review your documents and give you a realistic estimate, with no surprises.

The next step

If your home’s deed is still in the name of a relative who passed away, the most important thing is not to let it sit: over time, adding more heirs or losing documents makes the process harder. Gathering the death certificate, the deeds and proof of kinship is a good start.

If you’d like us to review your specific case, message us on WhatsApp and we’ll clearly tell you your options.