The colonization of an estate should not be the subject of permanent legal action. Article 74, paragraph 1, of the Code of Justice authorizes the out-of-court settlement of the estate in agreement between the heirs. In the rule cited, it is said that extrajudicial colonization of the estate is often recommended to expedite the transfer of the property of the crook to his heirs. This is because the estate`s legal transaction takes years before the case is closed. Moreover, this issue is contradictory and is used when the heirs disagree on the real estate to be shared and on the corresponding shares of the respective heirs. Paragraph 1. Out-of-court settlement by agreement between heirs. – If the deceased has not left a will and debt, if the heirs are all elderly or if the minors are represented by their judicial or legal representatives properly authorized for this purpose, the parties may, without having received a letter of guarantee, share the estate, as they deem correct by an authentic document filed with the Document Office. and if they don`t agree, they can do so in an ordinary partition operation. If there is only one heir, he can judge himself on the entire estate through an affidavit filed with the Fact Registry Office.
Parties to an out-of-court settlement, whether it is an authentic act or a provision in a divisional action, or the only one who decides the entirety of the estate by an affidavit on itself, submit at the same time to the registry office, with and as a precondition for the filing of the authentic deed or at the disposal of the action pending division or insurance under oath. , a loan bearing the register of deeds corresponding to the value of the personal assets concerned, as certified under oath by the parties concerned, and which is subject to the payment of all fair claims that may be filed in accordance with Section 4 of this rule. It is presumed that the fraudster did not leave any debts if, in the two (2) years following the death of the scammer, no creditor submits a request for the exchange of letters. Finally, it should be kept in mind that the out-of-court transaction may be cancelled if it was carried out in connection with the fraud of creditors or other legitimate heirs.