WAYS TO ACQUIRE PROPERTY: SUCCESSION BY MORTIS CAUSA.
CIVIL LAW


Property is the real right par excellence that every person has to use, enjoy, and dispose of their property in accordance with the law. Our Bolivian Civil Code establishes the mechanisms by which property is acquired, in the Article 110 states that: "Property is acquired by occupation, by accession, by adverse possession, by the effect of contracts, by succession mortis causa, by possession in good faith, and by other methods established by law."
Consequently, of the different ways to acquire property, succession mortis causa is recognized as one of them, that is, by cause of death. This succession occurs through a process of hereditary succession and involves the acceptance of the inheritance, payment of taxes, and registration in Real Estate Rights.
For hereditary succession to take effect, it is essential that the actual, physiological, or presumed death of the holder occurs, a legal event that is inevitable in a person's life.
In this process, two stages are distinguished:
1. The severance of the connection between the holder and their rights, resulting from the death of the person.
2. The acquisition of the assets by the heir or legatee, which is carried out through the application of the law or the will.
It is important for people to know, upon the death of a loved one, what they are entitled to, what percentage of their rights are, and what procedures they must follow to complete the transfer of that right.
In Bolivia, we have two systems of succession: legal and testamentary, depending on whether the deceased left a will or not. These systems are contained in Article 1002 of the Civil Code, which are detailed below:
• Legal: Succession is governed by the will of the law, which designates legal heirs according to the degree of kinship.
• Testamentary: The will of the deceased is expressed in a will.
Declaration of heirs.
Upon the death of a person, the heirs or successors must process a declaration of heirs or acceptance of the inheritance, as established in Article 1083 of the Bolivian Civil Code. According to the line of succession, the persons who are called to inherit are: first, the children; if for some reason the person did not have children, we turn to the parents; if there are none or they have already passed away, then we continue with the collaterals, which may be siblings, nephews, aunts, uncles, and others.
Although exceptional, it also often happens that the deceased did not have any relatives to claim the inheritance. In these cases, it is the State that is called to inherit the assets, as established in article 1111 of the Civil Code.
Inheritance succession procedure.
In the inheritance process, the first thing the heirs must do is declare their heirship or accept the inheritance before a Notary Public. Subsequently, they must pay two taxes: one to the Departmental Government and another, on transactions, to the Municipality. These taxes may vary depending on the type of heir being declared. If the parents or children are to be declared heirs, the tax is 1% on their assets; if the siblings are to be declared heirs, it is 10%. Finally, if the heirs are collateral relatives, such as aunts or uncles, they will pay 20% based on the value of the assets to which they are to be declared heirs, as established in Article 11 of Departmental Law No. 90 of February 20, 2015 - Law Creating the Departmental Tax on the Free Transfer of Assets.
Subsequently, once the declaration of heirship has been obtained from a Notary Public, within the most common and usual procedures, it must be registered for all of the owner's real estate assets at the Real Estate Office; with the corresponding Municipal Government, in the case of vehicles; and, if there are capital shares and/or shares in commercial companies, and following legal procedures, the Plurinational Commercial Registry Service – SEPREC must be contacted, certifying that the heir now has rights to the assets of the deceased person.
Deadline for accepting or renouncing an inheritance.
Heirs have a period of 10 years to accept or renounce an inheritance from the opening of the succession, as established by Article 1029 of the Civil Code.
In conclusion, while it is true that the declaration of heirs is determined by law, heirs and legatees can also be designated, with the sole objective of avoiding conflicts and family disputes. A will can be drawn up to dispose of assets and rights after the death of the owner's real estate assets respecting the corresponding share of each, as established by Article 1113 of the Civil Code. However, for better advice, it is always necessary to consult with an attorney specializing in inheritance law.

