Inheriting a house or apartment during your lifetime to children, parents or your spouse is legally possible and can be carried out through a procedure called “legitimate advance” either “early inheritance”, which in the future becomes a mechanism to avoid litigation between family members, reported the National Superintendence of Public Registries (Sunarp).
The institution stressed that all children have the right to receive the inheritance in the same proportion, without taking into consideration their economic situation or if they are the result of a marriage.
“To be excluded there will have to be a legitimate cause, whether due to disinheritance or indignity,” said Sunarp.
There is free disposal quota either available portionwhich is the part of the estate that is not reserved exclusively for forced heirs. In this case, the person can give part of their assets to a third party, for example, an institution.
If the beneficiaries are parents, grandparents or great-grandparents, up to half of the assets may be freely disposed of. Likewise, this share can be transferred to one of the children, in order to improve her part of the inheritance.
Early inheritance at Sunarp. The legal basis for early inheritance is set forth in the Peruvian Civil Code, promulgated by Legislative Decree No. 295.
Early inheritance: necessary documents
To carry out the early inheritance process, the person must fill out a free application for registration of the title at a Sunarp office. Along with this form, they must present the public deed stating the acceptance clause of the inheritance advance and the value. monetary.
It will also present the birth certificate, or marriage certificate, as the case may be, of the beneficiary of the advance, unless it is inserted in the public deed. The qualification period is 7 business days.
The cost of registration fees depends on the value of the property granted as an inheritance advance. If the value of the property is equal to or less than S/35,000, The qualification fee is S/40 and the registration fee is the transfer value multiplied by 1.5 and then divided by 1,000.
If the value of the property is greater than S/35,000, The qualification fee is S/40 and the registration fee will be the value of the transfer multiplied by 3 and then divided by 1,000.
Source: Larepublica
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