INHERITANCE

Collecting the required documentation from public and private bodies, negotiating with banks, traffic, insurance, property registration and the catastro, preparing the necessary deeds and liaising with the notary, and liquidating and presenting the corresponding taxes etc

*Documentation required to accept an inheritance and the steps to follow

When a close relative dies, you have to start gathering certain documentation to accept their inheritance. In some cases, this "paperwork" takes years because one doesn’t have the desire to deal with it. Nonetheless, one must bear in mind that, even if the acceptance is delayed (which is not recommended), you are obliged to present the tax of successions within a maximum period of 6 months from the death of the deceased (otherwise, there will be surcharges and interest will be added).

The processing of the inheritance will vary, depending on whether the deceased person left a will or not. The most common scenarios are the following:

  • Tested succession: where the beneficiaries (heirs) designated in the will only have to draw up a deed of inheritance acceptance.

  • Intestate succession: where prior to the inheritance acceptance deed, a deed declaring the beneficiaries will have to be drawn up.

  • If there is only one beneficiary, it is possible to register all the assets and rights in his/her favour, with no need for a public deed, solely on the basis of a private adjudication document.

Depending on the circumstances of your case, the following documentation will be required:

  • DNI, NIE or passport (if not of Spanish nationality) of the deceased.

  • The last certified will.

  • The death certificate.

  • The will granted in your case

  • The marriage certificate.

  • The funeral home invoice (since these are deductible expenses).

  • A list of the deceased person’s assets and their title deeds/proof of ownership, where appropriate (homes, vehicles, bank accounts, insurance etc.) or at least any relevant information available.