Formalities in the inheritance process
Formalities required for inheritance
in Spain
These are the procedures necessary to inherit in Spain, whether or not the deceased relative made a will. However, bear in mind that laws and regulations may change over time, so it is always advisable to consult a probate specialist for up-to-date legal advice.
Here is a general guide:
1. Obtain the death certificate: The first thing you should do is obtain the death certificate of the deceased relative. You can obtain it from the Civil Registry Office or from the hospital where the death took place.
2. Determine if there is a will: If the deceased relative made a will, it will be necessary to locate the will. Wills are normally kept by the notary who drew them up or in the General Register of Last Wills and Testaments (Registro General de Actos de Última Voluntad). This register makes it possible to find out whether a person has made a will and in which notary’s office it is located.
3. Appoint a notary: If there is a will, you must appoint a notary. If there is no will, you can also go to a notary to make a declaration of intestate heirs, which is the procedure for determining who the legal heirs are.
4. Inventory of assets: In both cases, whether there is a will or not, it is necessary to make an inventory of the deceased relative’s assets. This includes property, bank accounts, vehicles, investments, among others.
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5. Pay the corresponding taxes: In Spain, there are taxes associated with inheritance, such as Inheritance and Gift Tax. You will have to pay these taxes to the tax authorities in your autonomous community. It is advisable to have professional advice in order to calculate taxes correctly and to be aware of possible reductions or allowances.
6. Carrying out the partition of the inheritance: Once the previous steps have been completed, the partition of the inheritance is carried out. If there is a will, the assets shall be distributed in accordance with the testamentary dispositions. If there is no will, the relevant inheritance law applies. It may be necessary to have a lawyer or an agent to carry out this process.
7. Register the assets in the name of the heirs: Once the partition of the inheritance has been completed, you will have to take the necessary steps to register the assets in the name of the heirs in the corresponding registers, such as the Land Registry, the Vehicle Registry, etc.
Remember that these are only general steps and that each case may have particularities and specific requirements. We recommend that you contact us to adapt the process to your specific situation.
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