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The 5 steps to Estate Possession (Posesión Efectiva)

Published on 10 January 2022

After a reasonable time to come to terms with the grave loss of our loved ones, and in order to safeguard the heirs' rights against third parties, we advise the community to grant Estate Possession (Posesión Efectiva) in their favour, with our guidance, by completing the following 5 steps:

  • Obtain the original death certificate of the deceased from the nearest Civil Registry office.
  • Obtain the original birth certificates of the heirs (children, parents, siblings, cousins) from the nearest Civil Registry office.
  • List the movable and immovable property left by the deceased. For real estate you must obtain copies of the title deeds and an original encumbrance certificate from the Property Registry; if there are bank accounts, investment certificates or accumulation policies, the identification of the bank and the account and/or certificate numbers. For movable property, title documents where possible.
  • The deed of Estate Possession over the movable or immovable property must be granted before a Public Notary.
  • Registration of the public deed of Estate Possession at the Property Registry of the canton where the real estate is located.

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