| Consultation 2133 to the Legal Office Superintendency of Notaries and Registration To: Mr. Doctor: Edgar Ignacio RodrÃguez Ruget Avenida Jimenez No 8-74 Bogotá DC Office 309 Subject: CN-001. Estates. Settled: 2006ER27528 Date: September 19, 2006 Dear Dr. : acknowledge receipt of the notice of the case, which sought consultation in accordance with the following statements: 1. What is the amount or percentage that should be canceled or paid by the interested "Heirs-at the time of reaching the stage of the probate of real partition work is awarded. 2. Can either be a statutory discretion or notary, which may require the reporting of income and assets last year of your death, so that they may finally approve the work of division of property and probate. 3. It is an administrative activity regardless of the official view of the competence-as related to filing a statement of income of a deceased, apart from the processing of an inheritance within the framework of Decree 902 of 1988. 4. Has the Superintendency of Notaries and Registration established the amount of the amount that should be canceled registry office for the job once notarized partition property of a decedent, as well as the charities. Legal Framework - Resolution 7200 of December 14, 2005 - Decree 902 of 1988 Considerations legal advisory office: According to Resolution No 7200 of December 14, 2005, in Section I, which are the rates set by way of exercise of the notarial function like this: "ART. 1 - Authorization. The approval of declarations of will in accordance with the law requiring the solemnity of a public deed like that of those which the parties seek to clothe with such solemnity, cause the following rights: a) Acts with no value or not determinable. The acts which by their nature have no claims or when it can not be determined, the sum of thirty-six thousand six hundred forty dollars ($ 36,640); b) Acts in size. Those whose amount is equal to or less than one hundred four thousand five hundred dollars ($ 104,500), the sum of twelve thousand two hundred twenty pieces ($ 12,220). When is larger, the following additional amounts on excess: b.1. Three per mil (3 / 1000) when the amount is less than or equal to ten million eighty-one thousand and forty dollars ($ 10,081,040); b.2. The two point nine per thousand (2.9/1000) when the amount is less than or equal to 20.162 million and eighty dollars ($ 20,162,080); b.3. The two-point-eight thousand (2.8/1000) when the amount is less than or equal to thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); b.4. The two point seven thousand (2.7/1000) when the amount is more than thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); c) Settlement of inheritance and marital partnerships. The settlement procedure before a notary and inheritance of the liquidation of the conjugal partnership, it will cause the sum of twelve 1200 twenty dollars ($ 12,220) for the first one hundred four thousand five hundred dollars ($ 104,500) for the liquid assets. When is larger, the following additional amounts on excess: c.1. The three point five per thousand (3.5/1000) when the amount is less than or equal to ten million eighty-one thousand and forty dollars ($ 10,081,040); c.2. The three point four thousand (3.4/1000) when the amount is less than or equal to 20.162 million and eighty dollars ($ 20,162,080); c.3. The three point three thousand (3.3/1000) when the amount is less than or equal to thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); c.4. The three point two thousand (3.2/1000) when the amount is more than thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); Requirement document: a pending application shall be furnished to formalize the corresponding deed, document, or genuine documents that serve as support to the liabilities stated. PAR- Regarding the ordinal a, b and c of this article will cause additional amount of 1710 pesos ($ 1,710) for each sheet of a public, warning that such settlement is included in the cost for the acquisition sheet of paper notarized. RIGHTS ATTORNEY-Price. Protocols. ART. 2 - Logging. The notary fees caused by the notarization of documents, will be settled taking into account the provisions under items a) and b) of Article 1 of this resolution, as appropriate. " So, the value of the amount payable by the formalization of the work of partition, is calculated according to the provisions of the resolution. requirements established in Decree 902 of 1988 (which will annex), at no time established, which should require the declaration of income last year of the deceased. However, if the application and documentation attached, conform to the requirements of the decree, the notary must forward the following steps: 1.E notary accepted, in the minutes, order the summons to the persons entitled to attend the settlement through notices to to be published in a newspaper of national circulation, will be broadcast once in a station of the place if any, and fix the term of ten (10) days in a conspicuous place of the notary. 2. Furthermore, the notary must inform the Superintendency of Notaries and Registration, the initiation of the process, giving the name of the deceased, and the number of their identity card or card identity, or the NIT, as appropriate. 3. Likewise, it should immediately take the office of collections for the national tax administration, as appropriate, a notice to report the name of the deceased and the appraisal or value of the goods, provided that the amount of goods is now more than 11.1 million pesos ($ 11,100,000). This information should be sent to the billing office of the national tax administration in order that this become a party to the proceedings and get the collection of overdue debts and arising to the time of settle the succession. If within twenty (20) days following notification, tax administration has not been made, the officer may proceed with the formalities. The heirs, legatees or assigns may request payment arrangements for debts of the estate tax. The resolution to approve the settlement agreement will authorize the staff to proceed to process the partition of the property, without the requirement of full payment of debts. 5. Edict published in the newspaper concerned, be submitted to the notary the page which establishes the publication of that and require certification of the radio, when it may be proper. 6. Ten (10) days after publication of the edict but failed notice of opposition by an interested and fulfilled the tax authorities' intervention in the terms established by the relevant provisions, provided that the taxes by the decedent may have been canceled or payment agreement has been concluded with the respective authority, the notary shall extend deed, with which will be solemnized and perfected the partition or allotment of the estate and the liquidation of the conjugal partnership if applicable. This deed shall be subscribed by the assignees and the spouse, if applicable, or their parents. 7. In the same way the notary may proceed, if within the terms established by tax rules, collection office or the relevant national tax administrator has not attended the settlement attorney to obtain payment of taxes by the decedent. 8. If before signing the notarial deed of partition, is submitted to the other party specified in article 1312 of the Civil Code, must remake of unanimous agreement by all concerned, the partition of the estate and the liquidation of the conjugal partnership if be the case. If there is not agreement, it will terminate the notarization, the notary must deliver the record to stakeholders. 9. If after writing the above signed appeareth new stakeholders, they may assert before the trial judge their rights or to ask the same notary, together with those who participated in the previous settlement, which the new trial. For the purpose of settling additional attorney is not necessary to repeat the first documentation has been submitted or new location. 10. If during the process of liquidation disagreement arise between stakeholders who have attended or participated to apply later, the notary shall terminate the action and will return the record. 11. When given after the deed that puts an end to the settlement attorney, breaks new goods of the deceased or community property, or when it had failed to include in that fixed assets in the process of the settlement, the parties concerned may request the same notary an additional settlement, for which no documentation is necessary to repeat that the first has been submitted or new location. 12. If after completing a succession process through the courts, breaks new goods of the deceased or of the conjugal partnership, stakeholders may attend the additional settlement, having to do the procedure for settlement of inheritance notary. Furthermore, the amount to be paid at the Registry Office of Public Instruments, be settled in accordance with the provisions of Article 2 of Decree 1428 of 2000, which also Annex. Va a greeting Roberto Burgos Cantor Chief Counsel Office Annex: Copy of Decree 902 of 1988 Copy of Decree 1428 of 2000 PROJECT: VSP REVIEW: CGD |
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