The proceeding begins with a written filing signed by all persons who wish to initiate it, identifying all possible heirs and the assets that make up the estate. The required documentation includes: the death certificate of the deceased person, the birth certificates of their children, the marriage certificate (when applicable), the title documents of the assets to be inherited, and the will (when applicable). This documentation will establish the relationship with the deceased person and identify the assets left as part of the inheritance.

When there is agreement between the heirs, the partition can be carried out consensually and then approved by the courts. If no agreement can be reached, there are judicial tools to resolve the state of indivision. From our experience we prioritize negotiation, using litigation when necessary to unblock the conflict.

Depending on the situation, there are different legal tools intended to protect and recover the hereditary share that corresponds by law. Among them are the action for collation, the action for reduction and the action for simulation, whose application must be analyzed according to the specific circumstances of each case.