The word testamentary is used in the legal context, to define the documents involved with the execution or payment of an inheritance, in the same way it is related to the assets that make up a succession during the period that passes from the death of the testator, until settlement ends. The testamentary succession is defined as the action of an individual or called testator, who voluntarily decides that upon death, his assets be transferred in whole or in part to whoever he wishes.
When the heirs do not agree among themselves because the deceased did not leave a will, and conflicts arise at the time of the succession due to not knowing who they are and how the inheritance will be distributed, then a probate trial or proceeding can be carried out. judicial division of inheritance. Which is clearly stipulated in the civil procedure law.
During this trial, it will be the judge who determines who are going to inherit, and then make an inventory of all the assets and obligations of the deceased and proceed with their delivery.
The testamentary succession is characterized by: being personal, it cannot be delegated, since only the testator is the one who can draw up his will. It is unilateral, because it is reformed only with the will of the testator. It is individual, because it cannot be done together with another person, even if the person is your spouse. It is formal because it has certain formalities stipulated by law. It is revocable, because the testator can modify his will as many times as he deems necessary.
