HEREDITARY SHARE - WHAT IS IT?

The Hereditary Share is the fraction or quota of the inheritance to which the heir is entitled, that is, the part held by the heir. It is not full ownership.

Between the moment of acceptance and the moment of partition, the heirs have a Hereditary Share, corresponding to their part in the inheritance, the content of which will be defined by the partition. Hereditary Shares are equivalent to the number of heirs.

While the inheritance remains undivided, that is, an inheritance that, although accepted by the heirs, has not yet been partitioned, what the heirs are entitled to in the inheritance are not specific assets, but rather a hereditary share, that is, a part or percentage of the totality of assets, rights, and debts that make up the inheritance.

Can I sell a Hereditary Share?

Yes, you can. It is important to know that when a Hereditary Share is sold or paid to strangers (that is, third parties who are not heirs), the other heirs (co-heirs) enjoy the right of first refusal under the terms that apply to co-owners.

The right of first refusal can be exercised within 2 months after the sale notice.

That is, when intending to sell the hereditary share, the heir must give preference to the co-heirs regarding their intention to sell, indicating the terms of the transaction, namely the buyer's name, price, and payment conditions.