PROCESSING IN

PROCEEDINGS
FOR VOLUNTARY
PROCESSING OF
NAME CHANGE OF
A MINOR

PROCESSING IN PROCEEDINGS FOR VOLUNTARY PROCESSING OF NAME

CHANGE OF A MINOR

LEGAL STUDY
Request document

This document begins with the notarial document of request in which the interested
party expresses the reason why he wants to change the name of his minor child and
establishes the full name that the minor is going to adopt; This is in accordance with
article 2 and 18 of Decree 54-77 (Law Regulating Notarial Processing of Voluntary
Jurisdiction matters), which carries as a legal requirement contemplated in article
three of the Notarial Stamp and Stamp Law. Forensic with a notarial stamp of the
value of ten quetzales and a fiscal stamp of the value of fifty cents in accordance with
article five in its literal number six.

The law establishes the requirements for notarial acts in article sixty-one of the
Notarial Code, being the following:

1. The place, date and time of the procedure

2. The name of the person who requested it
3. The name of the people who also participated in the act
4. The circumstantial relationship of the diligence
5. The value and number of the order of the stamped paper on which the
previous sheets are spread.

Highlighting that these requirements were met by Notary Julio Roberto Xajpot in the
Processing of Extrajudicial Voluntary Procedures for Change of Name of a Minor.

Subsequently, in article sixty-two of the same legal body, it establishes that the
Notary will number, seal and sign the sheets of the notarial act, thus deducing that all
sheets must comply with these three requirements and in the procedure that was
decided to analyze, no complies with this legal requirement.

First resolution

In which the Notary must process the proceedings, ordering to receive the information
and make the legal publications in accordance with article eighteen of the Law
regulating the notarial processing of Voluntary Jurisdiction matters to which two
notarial stamps are attached. whose value will be one quetzal. The requirements of
the first resolution are the following:

1. Name, address and address of the Notary

2. Place and date
3. What is going to be resolved
4. Legal basis
 Highlighting that the requirements contemplated in the law are met in the
resolution established by Notary Xajpot.

Notification of the first resolution:

In accordance with article two of the Law Regulating Notarial Processing of Voluntary
Jurisdiction matters and sixty-six of the Civil and Commercial Procedure Code. In
compliance with this requirement, the Notary notifies the parent who is promoting this
procedure.

Receive testimonial information

This requirement must be carried out only if testimonial evidence has been offered in
the document of request, which for this procedure is optional and is contemplated in
article eighteen of the Law Regulating Notarial Processing of Voluntary Jurisdiction
matters. and in articles one hundred thirty-four, one hundred forty-eight and one
hundred forty-nine of the Procedural and Commercial Code. In the present case, the
testimonial evidence was offered, however, the procedure did not comply with taking
the testimonial evidence in a notarial act.

Publication of edicts:

Publications in accordance with article eighteen of the Law Regulating Notarial

Processing of Voluntary Jurisdiction matters establishes that three publications must
be made in the Official Gazette which is the Diario de Centroamérica and in another
with greater circulation, making a total of six publications and for the purpose of the
legal analysis being carried out, the six publications were made in accordance with
the law, three in the Diario de Centroamérica and three in the Diario la Hora for a
period of thirty days.

Resolution or final order:

In accordance with article nineteen of the Law Regulating Notarial Processing of

Voluntary Jurisdiction matters, when ten days have passed since the last publication
and the documentation has been received, the notary records the name change and
sends for a new publication to be made. for only one time in the Official Gazette and
that it be communicated to the National Registry of Persons. For this purpose, in the
present process, the above provisions of the legislation are complied with and a
notarial stamp of the value of ten quetzales and a fiscal stamp of the value of fifty
cents per sheet are attached.

Edict:
In accordance with article nineteen of the Law Regulating Notarial Processing of
Voluntary Jurisdiction matters. Which was published in the Diario de Centroamérica
with a value of one hundred and seventy quetzales and eighty centavos.

Expedition to the National Registry of Persons:

The certification of the procedures is carried out to the National Registry of Persons
so that the annotation and rectification is made in the birth certificate of the minor
child in accordance with article nineteen of the Law Regulating the Notarial
Processing of Voluntary Jurisdiction matters.

Send the file to the General Protocol File:

In compliance with article seven of the Law Regulating Notarial Processing of

Voluntary Jurisdiction matters.

DOCTRINARY STUDY

In the following analysis, the following doctrinal texts will be used: the Private Phase
for the Professional Technical Examination of Mr. Omar Garnica, Voluntary Notarial
Jurisdiction of Doctor Nery Muñoz, the thesis on the development of voluntary name
change procedures at notarial headquarters, contemplated in Decree Number 54-77
of the Congress of the Republic, Law Regulating the Processing of Matters of
Voluntary Jurisdiction, it does not contemplate giving hearing to the Attorney
General's Office, for this reason notaries do not comply on many occasions with the
provisions of Article 12 of the Convention on the Rights of the Child, cited previously
in this chapter. And the column written by Rony Rubaldo Pacach Velásquez from the
University of San Carlos of Guatemala on the monographies.com page

Name:
1
The name is a set of characters with which people identify themselves.

It is the word or term that is appropriated or given to a person or thing, in order to

differentiate them and distinguish them from others. 2

Notarial Voluntary Jurisdiction of Doctor Nery Roberto Muñoz

Notarial certificate of request:

1
The Private Phase of the Professional Technical Exam. Lic. Omar Francisco Garnica
2
Notarial Voluntary Jurisdiction. Dr. Nery Roberto Muñoz
Mr. Omar Garnica in his book Private Phase for the Professional Technical
Examination establishes that the document of requirement is the document in which
the interested party expresses the reason why he wishes to change his name and will
provide the full name that he wishes to adopt while the Doctor Nery Muñoz
establishes the same concept in his book on Notarial Voluntary Jurisdiction, therefore
considering that it is the most appropriate way to define the act of request.

First resolution:

Doctor Nery Muñoz establishes that in the resolution the Notary processes the
proceedings by ordering the receipt of information if it has been offered and ordering
the publication of edicts.

Receive testimonial information:

It is carried out in notarial records if the witnesses have offered themselves in the
document of request.

Publication of edicts:

The publications are made in the Official Gazette and in another with greater
circulation three times during thirty days. The edict will express the full name of the
applicant, the name that they wish to adopt and the warning that opposition may be
formalized by those who consider themselves harmed by the name change.

If an opposition has been presented, it will be processed in the form of an incident;

and in view of the evidence provided, the Judge will decide whether or not the name
change is appropriate.

Resolution or final order:

The Notary will receive the information and after ten days from the last publication,
without any opposition having been presented, the Notary will record the name
change. In this resolution, one more edict will be published and the National Registry
of Persons will be informed.

Publication:

It is carried out only once in the Official Gazette in which it is stated that the name
change of a certain person was agreed to.

Certification:
The car is certified in duplicate for delivery to the National Registry of Persons so that
the corresponding annotation can be made.

Refer to the General Protocol File:

In the name change, the Intervention of the Attorney General's Office is not
mandatory, however, the Notary may obtain his opinion in case of doubt or when he
deems it necessary.

In case of opposition, the procedure, as in all cases, becomes judicial, for this
purpose the Notary will send the file to the competent court so that, with a hearing on
the opponent, it can resolve whether or not the name change is appropriate. This
resolution is appealable.

The Private Phase for the Professional Technical Examination of the Lic. Omar
Garnica

Request document:

The interested party expresses the reason why they wish to change their name and
provide the full name they wish to adopt; they must present a birth certificate.

First resolution:

Processes the proceedings, ordering the receipt of information and the publication of
the edicts.

Notification of first resolution:

Receive testimonial information in notarial records:

If it had been offered. Optional, the final proof is documentary.

Publication of edicts:

They will be published three times in the Official Gazette and three times in another
with greater circulation for a period of thirty days.

Resolution or final order:

Once the information has been received and ten days have elapsed since the last
publication and there being no opposition, the Notary will record the change of
names, the publication of a single edict is ordered.

Edict:

A single edict will be published in the Official Gazette.

Issuance of Certification to the Civil Registry:

Certification of the car is issued, with a duplicate to be delivered to the National
Registry of Persons.

Referral of the file to the General Protocol File.

Thesis on the development of voluntary name change procedures at the

notarial office, contemplated in Decree Number 54-77 of the Congress of the
Republic, Law Regulating the Processing of Matters of Voluntary Jurisdiction, it
does not contemplate giving a hearing to the Attorney General's Office, for this
reason, notaries often do not comply with the provisions of Article 12 of the
Convention on the Rights of the Child.

Purpose of the name change:

Guatemalan civil law establishes and recognizes rights for people born in the national
territory, that is, from birth and by the mere fact of being a person, an identification
corresponds to them, which individualizes them from others, so Parents go to the Civil
Registry of the town where the birth occurred, to register it and register the item with
the name that the 51 parents wish to give to the girl or boy who was born, or the
relative has indicated. who performs the registration. Said data provided by parents or
relatives will be recorded in the Birth Registry.

The Civil Code establishes in its Article 4 that: “The individual person identifies
himself with the name with which his birth is registered in the Civil Registry, which is
made up of his own name and the surname of his parents…”; Likewise, Article 6 of
the same legal text states: “People cannot change their names except with judicial
authorization.”

The parents are the ones who represent the child or adolescent and express to the
notary their desire to initiate voluntary procedures to change their child's name, then
intending to have the new name declared through said procedures, with which they
wish to be identified. in their social and family relationships.

The child's name is changed, since, if there is an error in the parents' surnames,
logically the procedure would be a rectification of the birth certificate.

In the development of the voluntary procedures for name change at the notarial office,
contemplated in Decree Number 54-77 of the Congress of the Republic, Law
Regulating the Processing of Matters of Voluntary Jurisdiction, it does not
contemplate giving a hearing to the Attorney General's Office. General of the Nation,
for this reason, notaries often do not comply with the provisions of Article 12 of the
Convention on the Rights of the Child, cited previously in this chapter.
Rony Rubaldo Pacach Velásquez

UNIVERSITY OF SAN CARLOS OF GUATEMALAS

FACULTY OF SOCIAL AND LEGAL SCIENCES

Name

The name is the verbal designation or denomination (non-verbal denominations are

studied by iconology and iconography) that is given to a person, animal, thing or
concept , tangible or intangible, concrete or abstract, to distinguish it from others. As
a sign, it is generally studied by semiotics , and as a sign in a social environment, by
semiology.

Name (right)

Name is what is called, in Law, the name attributed to the natural person, considered
one of the fundamental Rights of man , from his birth, and which the individual
integrates throughout his existence and, after his death , continues identifying it. It is
made up of a first name, a surname and, in exceptional cases, a nickname. It is an
attribute of personality .

Name in natural persons

The name in natural persons includes:

The proper name or given name: It is the one that the parents enter when they are
going to register the child in the office of the National Registry of Persons formerly the
Civil Registry, serving to legally distinguish the child from the other children of the
same parents (individualization). It was called a given name since in ancient times it
was the name that was attributed at the time of performing the Catholic sacrament of
baptism, in the baptismal font.

The patronymic name or surname: It is the family name that distinguishes the person
from the rest of the members of society , with various formats depending on the
cultures, the name of the person is the one imposed on the person born in the birth
registration. . The choice of first name is left to the free will of the parents or those
people with the power to impose it (e.g. Grandparents), although some cultures
establish special rules that predetermine the person's name.
Name functions

The name of the individual has the functions of particularization or individualization –

by which only that person can be recognized with that name; and identification where
the name has a social attribution that allows the individual who owns it to be identified
by a name.

Guarantee

The civil name is presumed to be established for the entire life of the individual and,
furthermore, as a record of his or her existence. Due to its primary importance, it is
the subject of several guarantees, such as: Immutability, imprescriptibility,
inalienability, inestimability, inalienability and, finally, non-transferability.

Characteristics

 Immutability

The civil name, as a rule, is immutable: that is, once entered in the RENAP before
civil registration it cannot be altered. This rule suffers from some exceptions, more or
less rigid according to national legislation. The classic exceptions are the use of the
husband's nickname by the wife and the spelling correction, provided for in Brazil by
the Civil Registry Law of 1973. Names do not respect spelling rules.

Names that cause shame to their bearer, for example, or that are degrading and
misleading regarding sex , can be altered, criteria that vary greatly depending on the
time, even those that impose a series of confessional names of a religion (for
example, names from the Catholic saints). ). Other hypotheses include the
incorporation of nicknames (e.g.: Luís Inácio "Lula" da Silva, María das Graças
"Xuxa" etc.), or married names acquired by Usucapión (such as ex-wives who, having
become famous with the nickname of the ex-husbands, they remain with their
nickname as: Luiza Brunet, Márcia Goldschmidt).

 Imprescriptibility

The right to a name and the right to exercise its defense do not decline over time .
Contrary to other rights that, once they are not temporarily exercised, can no longer
be claimed, or the name remains infinite.

 Inalienability and inestimability

The name cannot be the object of business; No one can have your name to transfer
or withdraw it, through payment. Someone's name is not for sale.

On the other hand, the value of the civil name is inestimable, that is, it is impossible to
attribute a value to it, unlike what happens with trademarks .
 Non-transferability and inalienability

The intransmissibility of the name does not mean the right to attribute to the
descendant the nickname the same homonym with differences (ex: So-and-So Son;
Junior; Neto; etc.), but the right to use that name that is not transmitted.

No one can renounce his own name. Once named, the individual is forced to use the
name throughout his or her life. In the event that the person does not like his or her
own name, this does not constitute a legally valid cause for changing it. Although you
can do it according to the laws or legal systems of the different countries.

Proper and common names

As stated above, the main function of names is to perform the communicative function
of designating or pointing to a referent. From this point of view the names can be
classified into:

 Proper names have a single element as their reference, and lack linguistic
meaning, since they behave as mere labels that represent a single object or entity.

 Common names (nouns), on the other hand, designate a set of elements. Thus the
words 'tree', 'house' or 'dog' designate objects that are classified as trees , houses
or dogs . The reference of a noun is determined from the linguistic meaning of said
name.

The study of common names is generally the responsibility of grammar and

semantics , which are responsible for determining their syntactic combinatorial
properties, their linguistic meaning and their internal or morphological structure .

Regarding proper names, although they do not have linguistic meaning, historically
they can derive from lexical words or terms that in themselves did have linguistic
meaning. The study of the historical origin of proper names is the responsibility of
onomastics, which are mainly divided into anthroponymy or the study of names of
people and toponymy or the study of place names.

The name change

It is an act, recognized in most legal systems, that legally allows an individual to adopt
a name different from the name given to him or her at birth, marriage, or adoption .
The procedures and facilities for changing the name depend on each State . In
general, states that follow the common law tradition have few limitations on name
changes, while continental law systems tend to be more restrictive.

Legal source in Guatemala

Article. 4 civil code , "Identification of the person"

The individual person identifies himself with the name with which his birth is
registered in the national registry of persons (RENAP), which is made up of the first
name and the surname of his married parents, or that of his unmarried parents who
named him. they would have recognized. Children of a single mother will be
registered with her last name.

In the case of minors already registered in the National Registry of Persons with a
single surname, the mother, or whoever exercises parental authority , may go to said
Registry again to extend the corresponding registration to register both surnames.

"The article is intended as a reference to the identification of the person, the other
processes mentioned here are not taken into account for the name change process
that is being treated in this investigation"

Article 6. Civil Code , "Change of Name"

People cannot change their names without judicial authorization. The person who is
harmed by a name change may oppose the applicant's claim in the manner provided
by the Civil and Commercial Procedure Code.

Article 7. Civil Code,

In the cases referred to in the previous articles, the alteration will be noted in the
margin of the birth certificate. Identification and name change do not modify the civil
status of the person obtaining it nor do they constitute any proof of affiliation.

"This article clearly specifies that the name change does not link the person who
made it with others who by affiliation have another name, it simply gives him the
option to be called by another name."

NOTARIAL PROCEDURE IN GUATEMALA

The notary who, at the request of a party, is processing an extrajudicial name change
process must proceed as follows:

1. Notarial certificate of request, in which the interested party will express the
reason why he or she wishes to change his or her name, and will provide the
full name that he or she wishes to adopt. Present as documentary evidence
the certification of the birth certificate currently issued by the National Registry
of Persons (RENAP).

2. First resolution, processing the proceedings ordering to receive information

if it has been offered, publication of edicts

3. Receive testimonial information in notarial records if it had been offered.

 4. Publish edicts in the official newspaper and in another with greater
circulation three times for thirty days. The edict will express the full name of the
applicant, the name they wish to adopt and the warning that opposition may be
formalized by those who consider themselves harmed by the name change.

5. Final resolution or order, once the information has been received and ten
days have elapsed from the last publication, without any opposition having
been presented, the notary will record the name change. In this resolution, one
more edict will be published and made known to the National Registry of
Persons (RENAP).

6. Publish once in the official journal stating that the name change of a certain
person was agreed to.

7. Issue certification of the car in duplicate to deliver to the National Registry of

Persons so that the corresponding annotation can be made.

8. Send the file to the General Protocol File .

Unlike other Voluntary jurisdiction processes, the intervention of the Attorney

General's Office is not necessary in the name change.

If the notary considers it necessary, you can ask it to issue an opinion.

The opposition that may arise in this case obliges the notary to send the file to the
competent court. Which must give a hearing to the opponent and decide whether or
not to proceed with the name change. It must be referred to the court because a
principle of voluntary jurisdiction is the absence of litigation

The court's resolution can be appealed by the person opposing it.

File Commentary

In the file attached above, it can be noted that the notary who promoted the voluntary
extrajudicial procedures for Name Change complied, as the law expresses, with the
following:

1. Prepare the request document

2. Give notices

3. Publish the edicts

4. Dictate resolutions

5. Base each of your proceedings on law

6. Finally make the name change

7. Pay the corresponding taxes

 8. Send notices to the National Registry of Persons of Guatemala

9. Send the file to the general file

The complete file shows how this type of Notarial procedure should be carried out,
and the importance for both the notary and the party interested in changing their
name that all the formalities established by law are carried out.

Thus achieving legal certainty to the acts and a guarantee to the party that what she
wanted has been fully complied with and that from now on she will be able to use the
new name she has acquired without any problem.

At the same time, it is clarified that although the changed name may appear to be
affiliated with someone who has a similar name, this is not a reason for affiliation or
kinship.

PERSONAL COMMENT

In this analysis it is very important to get closer to the Notarial reality to reach a more
extensive understanding of the notarial procedures on voluntary jurisdiction that in
this analysis will be addressed regarding the change of name of a minor.

It is important to reach a comprehensive understanding of the Voluntary Procedures

for Changing the Name of a Minor, the basic concepts of what the name is in
Guatemala, what the principles are, and when certain modifications may arise in it.

It draws my attention that the Notary fulfills most of the procedures established in the
law and in the doctrine for which it was very enriching to make this comparison;
Emphasizing the doctrine in the previous analysis, the comparison is made between
three texts, one of them being the book on Notarial Voluntary Jurisdiction by Doctor
Nery Muñoz and the book on the Private Phase by Mr. Omar Garnica; Both
completed and shared very similar situations and even very similar definitions,
highlighting that Doctor Nery Muñoz in his text omits the issue of notifications that
must be made by law to the interested parties and is not taken into account,
complementing the book of the Attorney. Omar Garnica.

Attached to the doctrine is the thesis on the development of voluntary name change
procedures in notarial headquarters, contemplated in Decree Number 54-77 of the
Congress of the Republic, Law Regulating the Processing of Matters of Voluntary
Jurisdiction, it does not contemplates giving a hearing to the Attorney General's
Office, for this reason notaries do not often comply with the provisions of Article 12 of
the Convention on the Rights of the Child, cited previously in this chapter, highlighting
something that It seemed very interesting that Guatemala has different international
treaties which contribute to strengthening the legal system that supports the country.
Guatemalan legislation does not contemplate the intervention of the Attorney
General's Office, so Notaries in Guatemala sees it as something optional and omits to
give the appropriate intervention or to give intervention to the minor so that he can
decide on the name he wants to take and it is the parents who make the decision for
him.

Another requirement that is constantly affected is that of listing and sealing each
sheet of the notarial acts, which is contemplated in the Notarial Code and establishes
the verb “shall” emphasizing that the law is forcing us as Notaries to comply with this
requirement; prevalent, no greater attention is paid to it because the authorities do not
have the discipline to be able to demand that the Notaries of Guatemala give exact
compliance to the law.

And finally, it is necessary to clarify that the notary does not dictate sentences,
because he is not a judge. In matters of voluntary jurisdiction processed before a
notary, no sentences are issued because these situations are voluntary, but their fixity
and legal certainty are given by the notary when issuing final resolutions, they are
known as notarial orders.

PROCESSING IN
DILIGENCES FOR
VOLUNTARY
 PROCESSING OF
DOUBLE INTESTA
PROCESS

PROCESSING IN VOLUNTARY PROCESSING PROCESS OF A DOUBLE

INTESTA SUCCESSION PROCESS
LEGAL STUDIES
The succession process is contemplated in the article from article one hundred and
fifty to article one hundred and fifty-nine of the Civil and Commercial Procedure Code,
but it is article one hundred and fifty-three where it gives us the power to process this
procedure both through notarial means. as in the judicial process.
Request document:
As seen in the previous process, all proceedings begin with the request act
contemplated in article two of the law Regulating Notarial Processing of Voluntary
Jurisdiction Matters and article four hundred and eighty-eight of the Civil and
Commercial Procedure Code, which establishes that it must be carried out in notarial
acts as is found in this process processed by Mr. Julio Roberto Xajpot Yos.
The request document complies with article three of the Law of the Notarial Stamp
and the Forensic Stamp with a notarial stamp of the value of ten quetzales and a
fiscal stamp of the value of fifty cents in accordance with article five in its literal
number six.
According to article sixty-one of the Notarial Code, notarial acts must meet the
following requirements:
1. The place, time and date of the procedure.
2. The name of the person who acquired it.
3. The name of the people who also participated in the event.
4. The circumstantial relationship of the diligence.
5. The value and order of the sealed paper.
Highlighting that these requirements were contemplated at the time of making the
request document.
Subsequently, article sixty-two of the Notarial Code contemplates that the sheets of
the notarial certificate of request must be numbered and sealed, for which the Notary
only numbered them.
The documents contemplated in article four hundred and fifty-five of the Civil and
Commercial Procedure Code must accompany the document of request, which are:
1. Death certificate
2. Certificate proving kinship
3. The will if there was one
Because this process is a double intestacy, the two death certificates issued by the
National Registry of Persons are incorporated into the process. Subsequently, the
relationship of the children is accredited through birth certificates established by the
National Registry of Persons.
First resolution:
Contemplated in article two of the Law regulating the Notarial processing of matters of
voluntary jurisdiction, in the first resolution the Notary will declare the extrajudicial
succession process promoted and will order the corresponding edicts to be published
to summon those who are considered entitled to the inheritance in accordance with
article four hundred and fifty-eight of the Civil and Commercial Procedure Code in
addition to carrying out the following procedures:
The notary may request an intermediary to determine the value of the assets that are
the subject of inheritance processing based on article four hundred and eighty-nine of
the Civil and Commercial Procedure Code.
The Notary will divide an inventory of the hereditary assets in accordance with article
four and ninety of the Civil and Commercial Procedure Code.
The date and time of the meeting of heirs is set in accordance with the provisions of
article four hundred and ninety-one of the Civil and Commercial Procedure Code.
The Attorney General's Office is given intervention in accordance with articles four
hundred ninety-two and four hundred ninety-three of the Civil and Commercial
Procedure Code.
In the resolution the Notary resolved on the following aspects:
1. Day and time for the meeting of heirs.
2. I order that the legal publications be made
3. I request reports from the Property registries to verify if a will or donation was
granted due to death.
4. He sent notice to be given to the Registry of Inheritance Processes of the
Supreme Court of Justice.
5. He requested that the respective inventory be prepared.
6. And give intervention to the Attorney General's Office.

Therefore, the Notary evidently resolved in accordance with what is regulated in the
Civil and Commercial Procedure Code. Leaving a record within the process of the
notification to the person who promoted the process of the first resolution, of the
notice to the Registry of Inheritance PROCESSES of the Supreme Court of Justice
where the two deceased are recorded with the respective resolution of the
aforementioned institution, subsequently the notices sent to the Property Registry
with the respective resolution of the same.
Publication of the edicts:
Three publications will be made within a period of fifteen days in accordance with
article four hundred fifty-five and four hundred eighty-eight of the Civil and
Commercial Procedure Code. Attaching for compliance with this requirement a copy
of the publications made in the Diario de Centroamérica as Official Gazette.
Notarial record of the meeting of heirs:
the act of requirement contemplated in article two of the law Regulating the Notarial
Processing of Voluntary Jurisdiction Matters and article four hundred and eighty-eight
of the Code of Civil and Commercial Procedure which establishes that it must be
carried out in notarial acts as found diligence in this process processed by Mr. Julio
Roberto Xajpot Yos.
The notarial act of the Meeting of Heirs meets the same requirements of the
requirement act and complies with article three of the Notarial Stamp and Forensic
Stamp Law with a notarial stamp of the value of ten quetzales and a fiscal stamp of
the value of fifty cents in accordance with article five in its literal number six.
According to article sixty-one of the Notarial Code, notarial acts must meet the
following requirements:
1. The place, time and date of the procedure.
2. The name of the person who acquired it.
3. The name of the people who also participated in the event.
4. The circumstantial relationship of the diligence.
5. The value and order of the sealed paper.
Omitting compliance with article sixty-two of the Notarial Code in the notarial act,
since each of the sheets of the notarial act was not stamped or numbered.
Notarial inventory record:
It must specify in detail the assets, rights and actions that constitute the assets and
liabilities formed by the obligations, deductible expenses and costs that tax the
inheritance in compliance with article four hundred and ninety of the Civil and
Commercial Procedure Code. Proceeding in this way in the inventory record of this
process and adhering both the fiscal and notarial stamps that the legislation
determines.
Hearing at the Attorney General's Office:
In accordance with article four hundred and ninety-two, the intervention is given to the
Attorney General's Office for its pronouncement before said procedure, for which the
respective file is delivered.
By sending the favorable resolution to the double intestacy succession process,
otherwise the Notary is prevented from continuing to carry out the present process.
Order of declaration of heirs:
Based on article one hundred and ninety-four of the Civil and Commercial Procedure
Code, the Notary must resolve in a reasoned manner, recognizing those who
correspond as legal heirs.
Administrative phase:
Referral of the file to the Department of Inheritances, Legacies and Donations to
calculate the inheritance tax. Article four hundred and ninety-six of the Civil and
Commercial Procedure Code.

Preparation of the tax settlement, article four hundred and ninety-six of the Civil and
Commercial Procedural Code and article forty of the inheritance, legacies and
donations tax law.
Preparation of the tax settlement by the Comptroller General of Accounts of the
Nation. Article forty-one of the law on inheritance, legacies and donations tax.
Tax payment. Article forty-three of the law on the tax on inheritances, bequests and
donations.
Return of the file to the Notary. Article four hundred and ninety-six of the Civil and
Commercial Procedure Code.
Registration phase:
Certification of the testimony of the parties leading to each heir and legatees with a
duplicate.
Presentation of the testimony to the Public Registries and transfer notices. To
ADICABI and municipal CATARSTO. Article four hundred and ninety-seven of the
Civil and Commercial Procedure Code.
Referral of the file to the General Protocol File. Article four hundred and ninety-eight
of the Civil and Commercial Procedure Code and seventy-eight of the Civil Code.

DOCTRINARY STUDY
Notarial Voluntary Jurisdiction of Doctor Nery Muñoz
The purpose of the succession process is to determine:
a) The death of the deceased or his presumed death.
b) Relict assets.
c) Debts that encumber the inheritance.
d) The names of the heirs.
e) Payment of inheritance tax.
f) The distribution of the heritage.
The Notary acts in a way that causes damage to the public treasury, and will be
responsible for the damage suffered, provided that the act does not constitute a
crime, in which case, the criminal records of the Judge will also be submitted, without
prejudice to the disciplinary measures that may be adopted. the respective
professional associations.
Any person who has an interest can initiate, promote or file a succession process:
a) The surviving spouse
b) The heirs
c) The Attorney General's Office
d) The legatees
e) The creditors
f) The executor
The essential documents for filing are:
a) Death certificate or declaration of presumed death
b) Documents justifying the relationship.
c) Will if testamentary. In any case, a report will be requested from the Property
Registries, which are responsible for keeping track of wills.
Edicts:
The publication of the edicts and essential, they must mention those who have an
interest in the mortuary. These must be published three times within a period of
fifteen days, in the Official Gazette. In it, the place, time and day for the Meeting of
Heirs are made public.
Attorney General's Office:
It is a party to all succession processes until there is a declaration of heirs. He is the
representative of absent heirs as long as they do not appear or prove their legitimate
representative, as well as minors and incapable persons who do not have a
representative.
Intestate Extrajudicial Succession Process:
The process before a notary is carried out in three phases, as follows:
a) Notarial phase:
Notarial certificate of requirement: presenting the documents that prove the
filing: certification of death of the deceased and proof of relationship.
First resolution: which resolves: consider the succession process promoted,
notify the Registry of Succession Processes, request reports from the Property
Registries, set time, day and time for the Board of Heirs, publish edicts citing
those who are interested , appoint an expert appraiser, give intervention to the
Attorney General's Office.
Publication of the edicts in the Official Gazette
Notice to the Registry of Inheritance Processes.
Request for reports to the Property Registries.
Notarial record of the Board of Heirs.
Notarial inventory record.
Hearing at the Attorney General's Office.
Auto declaration of heirs.
b) Administrative phase:
This includes the liquidation of the mortuary by the Department of Inheritances,
Legacies and Donations of the Directorate of Cadastre and Appraisal of Real
Estate Assets:
The notary will deliver the file so that the tax settlement can be carried out.
This liquidation must be approved by the Comptroller General of the Nation.
Once the tax settlement is approved, the corresponding taxes must be made
and paid.
c) Registration phase
The Private Phase for the Professional Technical Exam
Hereditary succession is the subrogation made by one person, on the occasion of the
death of another, regarding the rights and obligations of the latter. Basically, the heir
takes over the rights and obligations that the deceased had during life.
Thesis on the succession process
The jurist Federico Puig Peña expresses: “It is that established by law to regulate the
organization and distribution of the assets left by a person when they die without a will
or with an ineffective or insufficient will to be able to carry out that distribution of the
assets.”
Article 1,068 verbatim states: “Intestate succession takes place:
* When there is no will
* When the condition placed on the institution of heir is missing, or the instituted
person dies before the testator, or is incapable of inheriting, or repudiates the
inheritance; outside of cases of substitution, representation and accretion in
accordance with this code;
* When there is no heir or Institute in the will and the testator has not disposed of all
his assets as legacies; and
* When the testator has ceased to dispose of one or some of his assets.”
* When a will exists, it is subsequently declared null or ineffective; Important
modifications were made to this treaty. The 1st paragraph. Article 980 of the Code of
33 declared “the intestacy of a deceased person with a void will or with a will that lost
its force, even if at the beginning it was valid, is applicable, but the reform introduced
by article 981 of the Civil Code establishes that the will declared void leaves the
previous one subsisting; Well, my question is, if there is no previous will; and this is
declared null or ineffective? My answer is that intestate succession proceeds. This
section 5 does not appear within the order prescribed by the civil code since it was
reformed, in my point of view this section should be analyzed; since this problem
occurs in current legal situations and it is necessary that it be stipulated in a clear and
concrete manner for the notarial intestate succession process to operate.
Certificate of request: It is the document with which the intestate succession process
begins, and all those who have an interest in the death process must appear.
First resolution: in which it will be resolved: declare the intestate succession process
promoted; notify the registry of succession processes; request reports from the
Property Registries on whether the deceased made a will or donations due to death;
set the place, date and time for the meeting of heirs and interested parties;
publication of an edict summoning those who are interested; appoint an expert
appraiser; give intervention to the Attorney General's Office; establish that the rest
requested will be resolved in due course.
Notification: Article 66 of the Civil and Commercial Procedure Code establishes:
“Every resolution must be made known to the parties in legal form and without this
they are not obligated nor can their rights be affected.
Notice to the Registry of Inheritance Processes: Attached to the Supreme Court of
Justice, to which a notice must be sent regarding the filing of the intestate succession
process, which must be done within the peremptory period of eight subsequent
business days, as established by Art. 2 of Decree 73-75 of the Congress of the
Republic.
Request for the Report by the Property Registries: In order to find out if the deceased
granted a will or donation due to death, as established in the last paragraph of Art.
455 of the Civil and Commercial Procedure Code, Decree 107. “Unless the interested
parties present it, the judge or notary will request the report from the respective
registry on whether or not there are wills or donations due to death granted by the
deceased.” Currently there are two records, one in the capital city and the other in
Quetzaltenango.
Tax appraisal: It is necessary to carry out the appraisal, which consists of attributing a
price to the movable and immovable property of the deceased.
We find this requirement prescribed in Art. 489 of the Commercial Civil Procedure
Code, and must be carried out by an appraiser authorized by the Ministry of Public
Finance.
Publication of edicts: It is a single edict that must be published three times during a
period of fifteen days only in the Official Gazette.
Through this, the process initiated before the notary is made known to the public, with
which possible interested parties, “third parties with equal or better rights” are
summoned to appear at the meeting of heirs.
The edict briefly describes the filing of the multiple intestate succession process, the
name of the deceased, those promoting it, the date and time in which the meeting of
heirs will be held, and the place that is usually the notarial headquarters of the
professional. who is in charge of the process. Art.456, 488 Civil and Commercial
Procedure Code. Decree 107.
Meeting of Heirs: It is held on the date, time and place indicated in the first resolution
of the procedure, and which has been announced in the Edict, which is attended by
all those people who consider themselves entitled to succeed, and must justify it with
the legally established means of proof.
The heirs, where appropriate the legatees, will express whether they accept the
inheritance or legacy and whether their hereditary rights are reciprocally recognized.
The surviving spouse may request that the marital property be recorded.
Notarial inventory record: It is in a Notarial Record; It is necessary to determine which
assets make up the estate.
One of the obligations of the Notary is to add to the receipts of his protocol a copy of
the inventory record duly numbered, signed, and sealed and with tax stamps of
Q.0.50 per sheet.
Hearing of the Attorney General's Office: The Attorney General's Office may request
the presentation of the documents it deems necessary or the amendment of those
already submitted if they are defective, and challenge the inventory.
Order declaring heirs: Upon obtaining the favorable opinion of the Attorney General's
Office, the notary is empowered to issue the Order Declaring Heir.
This Order concludes the notarial knowledge of the matter, in which it is declared who
the heirs are. Such declaration will always be made without prejudice to a third party
with equal or better rights. This is stipulated in Article 481 of the Civil and Commercial
Procedural Code: “In view of the Civil Registry certificates presented by the interested
parties, the judge will declare the heirs, in accordance with the provisions of the Civil
Code. The declaration will always be made without prejudice to a third party with equal
or better rights .

PERSONAL COMMENT
The succession process is one of the most complete procedures to have a more in-
depth analysis of voluntary jurisdiction since it has various procedures that expand
our knowledge in this area of law.
In the process that was analyzed, all the requirements contemplated by the laws
involved in this procedure were met, such as those established in the Civil and
Commercial Procedure Code, in the Notarial Code, in the Law Regulating the Notarial
Processing of the proceedings of the Voluntary Jurisdiction, in the tax stamp law,
forensic and notarial stamp law and the Law on the Inheritance, Legacies and
Donations tax.
What is sought with an intestate succession process is mainly that the assets that
have ceased to be disposed of are not forgotten and at a certain time it is the State
that is declared heir to them, but rather that some of the assets benefit. relatives
within the degrees of law of the deceased and that they enjoy ownership of said
assets.
The privilege of succeeding is precisely the family of the deceased, due to its
purposes, which are based on reciprocal support and assistance among its members
(Family Law).

Conclusions

 The intervention of the Attorney General's Office, as an entity that ensures

compliance with the rights of children and adolescents, is absent in the
procedures and procedures carried out for the change of 84 their name, since
its 84 is not mandatory. intervention, which is why it is not presented as a
requirement regulated by law.

 The Convention on the Rights of the Child does not establish a minimum age
to have the right to express an opinion and how said normative obligation must
be complied with, so the notary has discretion in how to receive it.

 The concept of Succession indicates that one person replaces another in a

specific legal relationship; The successor is as if he were the successor, but
without being the one. Succession or inheritance is the legal institution in which
the transmission of all rights and obligations that have been established of a
deceased occurs, which are not extinguished with death.
  The double intestate succession process is a legal and effective mechanism
that aims to provide a solution to the different legal situations that arise and
avoid the duplication of several files, that is, avoiding processing a file for each
deceased, on the contrary, in one file all the phases of the intestate succession
process of each deceased.

Bibliography
Muñoz, Nery, Notarial Voltary Jurisdiction, Fourteenth Edition, Editorial Inforcult,
Guatemala, 2018
Garnica Enríquez, Omar Garnica, The Private Phase of the Professional Technical
Exam, Fourteenth Edition, Editorial Fénix, Guatemala 2019

Thesis:
Thesis on the mandatory intervention of the nation's attorney general in voluntary
name change procedures and compliance with article 12 of the convention on the
rights of the child
Thesis on MULTIPLE INTESTATE SUCCESSION PROCESS
Egraphy:
www.monografia.com
Legislation:
Civil and Commercial Procedure Code. Decree Law 107
Notarial Code. Decree 314
Law Regulating the Notarial Processing of Voluntary Jurisdiction Matters. Decree 54-
77
Forensic and Notarial Stamp Law. Decree 82-96
Law of the Registry of Inheritance Processes that is in charge of the Supreme Court
of Justice. Decree 73-75
Tax stamp law. Decree 3792
Law on Inheritance, Legacies and Donations Tax. Decree 431
Annex
es