Advanced Search

Resolution Of 27 July 2015, Of The General Direction Of The Heritage Of The State, By Which Delegated Powers Relating To The Proceedings For A Declaration Of The General Administration Of The State As Heiress Intestacy And The Administration...

Original Language Title: Resolución de 27 de julio de 2015, de la Dirección General del Patrimonio del Estado, por la que delegan competencias relativas al procedimiento de declaración de la Administración General del Estado como heredera abintestato y a la administració...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Law 15/2015, of July 2, of the Voluntary Jurisdiction, has amended Law 33/2003, of 3 November, of the Patrimony of Public Administrations, attributing to the Administrations called to the inheritance in quality of Heirs abdicate the jurisdiction to declare their status as such.

The procedure should be instructed by the Economy and Finance delegations and resolved by the Director General of the State Heritage, which, consequently, is also the body that must agree to its opening. The Director-General is also the body responsible for agreeing, on a general basis, to incorporate into the hereditary mass of those goods of the causative which are located after the declaration of the heir.

To contribute to greater agility in the processing of the administrative procedure for the declaration of the General Administration of the State as an abinterment heiress and in the management and liquidation of the flow, it is considered to delegate to the Economic and Finance Delegates the powers to agree to the opening of the procedure and to incorporate goods from the causative to the mass of the abbate. On the other hand, as in the case of goods investigation procedures, it is considered appropriate to delegate to the Deputy Director-General of the State Heritage the competence to resolve the file.

In its virtue, in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and after the approval of the Undersecretary of Finance and Public Administrations, as established in the Additional Disposition of Law 6/1997 of April 14, of the Organization and the Functioning of the General Administration of the State, I have resolved:

First. Delegation of powers to the Deputy Director General of State Heritage.

The holder of the State Heritage Subdirectorate General is delegated the competence to resolve the procedure for the declaration of an abetuate heir to the State provided for in Article 20a (6) of the Treaty. Law 33/2003 of 3 November of the Heritage of Public Administrations.

Second. Delegation of powers to the Economic and Finance Delegates.

The following competencies are delegated to the Economy and Finance Delegates:

1. In relation to the procedures for the declaration of the ablectured heirs to which they are responsible, the jurisdiction to initiate the procedure or the failure to agree on its commencement, as provided for in Article 20a (1) of Law 33/2003, of 3 November, of the Heritage of Public Administrations.

2. In relation to the abecurate inheritances which it is appropriate to liquidate, the competition to initiate and resolve the procedure for incorporation into the hereditary flow of the goods and rights which are identified after the declaration of the General Administration of the State as an abetuate heiress, provided for in Article 20b (2) of Law 33/2003 of 3 November of the Heritage of Public Administrations.

Third. Entry into force.

This Resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 27, 2015. -Director General of the State Heritage, Juan Antonio Martínez Menéndez.