Can I sell part of the property to a third party even without an inventory?

A common question among heirs is the possibility of selling their share of the inheritance before the probate is completed . While it is possible to assign inheritance rights to third parties, this operation involves several legal nuances and risks that must be carefully considered.

To better explain people's frequent doubt, we will talk about a real case of selling part of the property before the inventory is even carried out.

What are hereditary rights?

Inheritance rights refer to the share each heir is entitled to within the estate left by a deceased person . This estate, until formally divided, is called an estate . The estate is an indivisible mass of assets, composed of everything the person owned during their lifetime . Only after the inventory is completed will these assets be distributed among the heirs.

How does the assignment of inheritance rights work?

Assigning inheritance rights means transferring your expectations regarding the estate to a third party . However, this assignment does not mean that the buyer acquires a specific asset, such as a house or a car, but rather a fraction of the estate . In other words, the buyer is acquiring the right to receive a portion of the inheritance , the value or nature of which will only be determined after the inventory and distribution of the estate.

Crucial point: whoever purchases these inheritance rights cannot sell or transfer the estate's assets until the inventory is completed. This is because the assets are not yet individualized and belong to the entire estate.

Practical Example

Consider a scenario where a person dies leaving three properties and three heirs. Before the estate is divided, it's impossible to determine which heir will get which property. Therefore, if an heir decides to sell their share, they're selling a fraction of the estate, not a specific house.

Can I sell my share of the inheritance to third parties?

Right of preference of heirs

Law requires that, before assigning or selling their share of the inheritance to third parties, the heir must offer their share to the other heirs under the same conditions . This ensures the other heirs have the right of first refusal , preventing their share from being sold to third parties without their knowledge.

Risks involved in purchasing inheritance rights

Acquiring inheritance rights may seem like an attractive opportunity, as these rights are often sold for below-market values. However, this transaction carries certain risks :

Appearance of new heirs: during the inventory, news of previously unknown heirs may emerge, which may change the division of the estate and reduce the share that was acquired.

Estate debts: The deceased's creditors may appear during probate, claiming part of the estate to settle debts. This can reduce the final amount the purchaser of the inheritance rights will receive.

Delayed probate process: Probate can drag on for years, especially in cases of disputes between heirs or when there are legal complications. This means the buyer may have to wait a long time before seeing any return on their investment.

While it is possible to sell your share of the inheritance to third parties before the end of probate, this action must be done carefully and with full understanding of the risks involved . For heirs, the assignment of rights can provide immediate liquidity, but it is crucial to follow the legal procedures correctly to avoid future problems.

Anyone considering purchasing inheritance rights should be aware that they are acquiring an expectation of rights, not a specific asset, and should be prepared for potential complications during probate. As always, consulting a specialized attorney is recommended to ensure all legal aspects are considered and that the transaction is conducted safely and transparently.