Quick summary: An heir may sell or assign their inheritance right without listing the assets; in that case, the seller warrants only their status as an heir (Código Civil, Art. 1806). An assignment of rights over real property or registrable rights requires an escritura pública (public deed) (Art. 1445). If there are several heirs and you sell to a third party for consideration, you must first notify the other heirs: they have 30 days after notice to buy on the same terms, through their derecho de tanteo (right of first refusal) (CPCyM, Art. 515).

This page focuses on the cesión de derechos hereditarios (assignment of inheritance rights) and the notice to co-heirs. An assignment of rights over real property requires a public deed under Art. 1445.

The Minuta and Derecho de Tanteo Notice

Download the Spanish-language minuta and tanteo notice (.docx)

For a minuta (draft for a deed) and the notice, these legal rules matter:

  1. Assignment of inheritance rights: the assets making up the inheritance right do not have to be specified in a sale under Art. 1806. In that case, the seller warrants their status as an heir.
  2. Derecho de tanteo notice to co-heirs: for a transfer to a third party for consideration, Art. 515 requires prior notice. Co-heirs have 30 days after notice to exercise the right and must meet the other terms imposed on the third party.

What the Law Says

RuleText or summaryArticle
An inheritance right may be soldThe law states: “Se puede vender un derecho hereditario” [An inheritance right may be sold]. The assets it comprises do not have to be specified.Código Civil, Art. 1806
What the seller warrantsIf assets are not specified, the seller warrants only their status as an heir.Art. 1806
Which rules applyThose governing the transaction underlying the assignment, such as a sale or gift, except where modified by the assignment chapter.Art. 1443
Required formA public deed is required for rights over real property or rights that must be registered in the Registro de la Propiedad (Property Registry).Art. 1445
Partial assignmentIf less than the entire right is assigned and the title document remains with the assignor, this must be recorded in the assignment document. The assignor must produce it when the assignee needs it.Art. 1447
Assignor’s warrantyThe assignor warrants the right’s legitimacy and existence at the time of assignment, except where they expressly undertake to guarantee the debtor’s solvency or negotiable documents are involved.Art. 1451
Co-heirsPrior notice and a 30-day right of first refusal apply to transfers to third parties for consideration. Co-heirs must meet the other terms imposed on the third party. The right does not apply to transfers between co-heirs.CPCyM, Art. 515
When rights passSuccession rights pass from the moment of death.Código Civil, Art. 918

Sources: Código Civil Comentado, CENADOJ and Código Procesal Civil y Mercantil, WIPO Lex.

Derecho de Tanteo, Step by Step

Art. 515 of the Código Procesal Civil y Mercantil states: “Si hubiere varios herederos, el que quiera enajenar sus derechos a un tercero a título oneroso, deberá hacerlo saber previamente a los demás para que puedan ejercitar su derecho de tanteo.” [If there are several heirs, an heir wishing to transfer their rights to a third party for consideration must first notify the others so that they can exercise their right of first refusal.]

  1. Notify every co-heir before signing with the third party. Art. 515 does not specify the form of notice.
  2. Count 30 days after notice: a co-heir who exercises the right within that period and meets the other terms imposed on the third party has priority at the same price.
  3. If no co-heir exercises the right within that period, the third-party transfer can proceed subject to the other requirements governing the transaction.
  4. If you sell to another co-heir, the right of first refusal does not apply (Art. 515, final sentence).

In cassation case 289-2018 and the joined cases, cited in the Código Civil Comentado, the appellant alleged that the co-heirs had not been given the right of first refusal under Art. 515. The Corte Suprema de Justicia (Supreme Court of Justice) did not decide that issue because the appellant did not develop the argument and the court could not address it on its own initiative. That judgment therefore did not decide the right-of-first-refusal issue.

Risks Worth Reviewing

  • The declaración de herederos (declaration of heirs) is not final against everyone: it does not prejudice a third party with an equal or better right. Anyone with such a right may request its expansion or correction within ten years after the declaration (CPCyM, Art. 481).
  • A sale without specifying assets: the cesionario (assignee) acquires the inheritance right without an itemized description of assets, and the seller warrants only their status as an heir (Art. 1806). Succession encompasses all assets, rights and obligations that do not end at death (Código Civil, Art. 917).
  • Taxes: consult the notario or the Superintendencia de Administración Tributaria (SAT) about the tax treatment of your assignment.

For a foreign heir: the Código de Notariado (Notarial Code) lists a passport as one way to identify a grantor whom the notario does not know; it also lists the cédula de vecindad or two witnesses known to the notario, or both methods when the notario considers that appropriate. This is not a universal rule that a passport replaces a DPI. A party who does not know Spanish must appoint an interpreter, who should be a traductor jurado (sworn translator) if possible. If the interpreter cannot or does not know how to sign, a witness signs for them. See the Código de Notariado, CENADOJ.

General guidance, not legal advice. Legal references: CENADOJ’s Código Civil Comentado, published by the Organismo Judicial, and the WIPO Lex copy of the Código Procesal Civil y Mercantil.

Sources