Inheritance is a topic that, sooner or later, affects all the families. Understanding how the succession process works in Spain is key to avoiding conflicts and ensuring that the rights of all parties involved are respected. In this article, we will explain the essential aspects of inheritance in Spain and the steps to follow to process them correctly.
What is an inheritance?
An inheritance comprises the set of assets, rights, and obligations that a person transfers to their heirs after their death. In Spain, this process is regulated by the Civil Code, although there are specific features in some autonomous communities with their own civil law, such as Catalonia, Navarre, or the Basque Country.
Steps to follow to manage an inheritance in Spain
- Obtain the death certificate
This document is requested from the Civil Registry of the place where the death occurred. It is the first step to initiate any procedure related to the inheritance. - Request the certificate of last wills
This certificate, issued by the Ministry of Justice, confirms whether the deceased made a will and before which notary it was done. It can be requested together with the certificate of insurance contracts covering death, which informs about any life insurance policies contracted. - Locate the will or proceed with the declaration of heirs
- If there is a will, it is necessary to go to the notary who keeps it to obtain an authorized copy.
- If there is no will, a process of declaration of intestate heirs must be initiated before a notary (in the case of close relatives) or before a judge (if there are no descendants, ascendants, or a spouse).
- Inventory and valuation of assets and debts
It is essential to create an inventory of the deceased’s assets, as well as their debts, to determine the net hereditary estate. This includes properties, bank accounts, shares, vehicles, and any other assets or liabilities. - Accept or renounce the inheritance
The heirs must decide whether to accept the inheritance (which can be done outright or for the benefit of inventory) or to reject it. Acceptance for the benefit of inventory is advisable if there are doubts about the deceased’s debts, as it limits the heir’s liability. - Draft the partitional notebook
This document is esential in the inheritance distribution process. It can be public or private and is drafted to detail the distribution of an inheritance according to the deceased’s will or, in the absence of a will, following the applicable legal regulations. This document is essential for the proper processing of inheritances, as it includes the details of the heirs and legatees entitled to part of the inheritance. It also contains a detailed inventory of the deceased’s assets, rights, and debts, as well as the corresponding allocations for each interested party. - Settle the Inheritance Tax
This tax must be paid in the autonomous community where the deceased had their habitual residence. Bonuses and tax rates vary between regions, so it is important to be informed about the applicable regulations. - Assignment and distribution of the inheritance
Once the inheritance is accepted and the tax is paid, the deed of assignment and partition of the inheritance is executed before a notary, distributing the assets among the heirs.
Practical advice for managing an inheritance
- Seek advice from an expert lawyer in inheritance matters. This professional will help you resolve doubts, avoid mistakes, and handle the entire process.
- Comply with deadlines. The Inheritance Tax must be settled within six months of the death, although an extension of another six months can be requested.
- Review the documentation. A common mistake is failing to correctly identify all the deceased’s assets, which can cause long-term issues.
Conclusion
Managing an inheritance in Spain may seem like a complex process, but following these steps and having the appropriate support makes it easier to handle. Being clear about your rights and obligations as heirs is essential to avoiding conflicts and ensuring the deceased’s will is fulfilled. If you have doubts or need help with your case, do not hesitate to consult with us.