When a homeowner dies, the family cannot automatically dispose of the property — they cannot sell it, rent it out or even divide it by verbal agreement. The succession process has to be completed first.
If the deceased left a valid will, that document is the basis for deciding who inherits and how the assets are divided. The will must be formally recorded before a notary before the home can be assigned to the heirs.
If there is no will, the family must obtain a declaration of heirs before a notary, presenting documents that prove the family relationship. Without this declaration, no relative can legally dispose of the home, even if they have always lived there.
The new Notary Law (Law 175/2024, in force since January 2026) requires everyone entitled to inherit to appear in any deed dividing and assigning the estate. You can no longer "leave out" a sibling or child who lives abroad to speed things up — their absence must be dealt with formally.
Living abroad does not, in itself, remove your right to inherit. What matters is being able to prove your relationship and take part in the process in time — in person or through a power of attorney with sufficient authority.
Article 470 of the Cuban Civil Code lists permanently leaving the country as grounds for being unable to inherit. How this applies depends on very specific factors in each case, so there is no single answer. If this is your situation, check it directly with a notary or lawyer before assuming anything.
New Housing Law, in force since 21 October 2026: under Law 187 the home is inherited according to ordinary inheritance law. If the heirs agree, the home is allocated before a notary; if not, through the courts (article 85). The law no longer provides for losing the home by emigrating. Read about it here.
We guide you on which documents to gather, and support you if the inherited home is going to be sold, even if the family is spread across countries.
Ask on WhatsAppThis guide offers general information and is not a substitute for legal advice from a notary or lawyer. Succession processes vary greatly from case to case; always confirm your specific situation with a professional before making decisions.