Vacant inheritance and estate of abeyance

The estate of abeyance is when an individual dies without leaving a will, or a spouse or relative known to occupy the post of heir. The request for declaration of estate of abeyance is made by the interested party through a lawyer, in possession of the death certificate. The judge, when declaring the estate of abeyance, due to the absence of an heir, appoints a trustee, who is responsible for the custody, conservation and administration of the assets until the respective delivery to a legally qualified successor or until the declaration of vacancy. The vacant inheritance is that declared as “from nobody”. Once no heir appears to claim their rights, the inheritance is handed over to the government. The direct heirs (ascendants or descendants) and the deceased’s spouse still have five years from the opening of the succession due to vacancy to initiate the inheritance petition. After this period, in the case of the absence of any heir, the collection will be passed on to the government definitively.