Expenses to face when accepting an inheritance in Spain

There are certain expenses to face when accepting an inheritance in Spain. Therefore, before accepting it, it is important to know the procedure and the costs involved.

Acceptance of inheritance

Acceptance of an inheritance is the act by which the beneficiary or beneficiaries of the deceased’s estate demonstrate their willingness to accept it .

For the acceptance of the inheritance it is necessary to sign the signature in the document of acceptance of the inheritance before receiving the patrimony .

In accordance with article 1963 of the Civil Code, the term for the acceptance of the inheritance before it expires is thirty years . In addition, the specific regulations of some autonomous communities must be taken into account.

Procedure

To accept the inheritance it is necessary to follow the following procedure:

Get the death certificate .
Request the certificate of last will and insurance contracts . For this step it is necessary to wait a period of 15 days after obtaining the previous certificate to start this process.
Ask the notary for a copy of the will , if it exists.

This step can only be carried out by the legal heirs and only the notary where the will was signed may deliver a copy of it.

Make an inventory of assets and liabilities. Accepting it for the benefit of inventory you can avoid problems since you can collect the difference between the assets and the debts. In the event that the obligations are greater than the assets, it is better not to accept the inheritance to avoid having to face them.
Make the liquidation and adjudication of the inheritance.
Pay the inheritance tax . You have 6 months to pay inheritance taxes.

In order to accept the inheritance, it is necessary to have the capacity to act , since it is necessary to be able to dispose of the assets.

In cases where people do not have this capacity, it will be necessary for them to have a legal representative , who will be in charge of accepting the inheritance on their behalf.

People who lack capacity to act are :

minors subject to parental authority : the inheritance left will be accepted by the owner or holders of parental authority. Judicial authorization is required for acceptance.
Minors subject to guardianship : acceptance will be made by the guardian. Court authorization is required.
Emancipated minors : for acceptance you will need the consent of your legal representatives.
Incapacitated : in case of guardianship or conservatorship, to accept the inheritance you will need judicial authorization.
Associations, corporations and foundations with the capacity to acquire : they will accept the inheritance left to them by their legitimate representatives.
Official public establishments : they will need the approval of the Government.

But carrying out the acceptance of the inheritance is not a free process .

The heir will be obliged to face the expenses of the professionals who manage this process and also the change in the property registry, in addition to the payment of inheritance tax.

Lawyers

The main function of the lawyer in the acceptance of the inheritance is to advise the heirs about the inheritance acceptance procedure.

It is very important to know and agree on the price to be charged as fees for the provision of your services . This amount may vary depending on the existence or not of a will, the amount and type of assets, the number of heirs and the existence or not of conflicts between them.

Before starting to work with a lawyer, it is common for them to request a provision of funds to process an inheritance.

Notaries

The fees to be charged by notaries are regulated by the regulations , although they have some freedom when setting the final price for certain services such as the declaration of heirs, the distribution of assets and the adjudication of the inheritance.

Documentary and administrative expenses must also be added to the notary fees , which may vary from one professional to another by 10%.

Inheritance and capital gains tax

In this case, these two points may be different depending on the Autonomous Community and the City Council that apply them.

There are different tax rates and reductions in Inheritance Tax in regions such as the Community of Madrid or Andalusia.

Regarding capital gains, urban properties have to pay an amount set by the City Council according to the increase in value they have had in the years in which they have been owned by the deceased. As is the case with the Inheritance Tax, each town hall establishes the rates and bonuses.

Property registration

If there are properties in the inheritance, it will have to be registered and the fees imposed by law must be paid . However, the total amount will depend on the number of properties and their value.

If this step is not done, after acceptance of the inheritance, the heirs will not be able to sell or rent the properties.

Other expenses of acceptance of the inheritance

It will be necessary to face the payment of the necessary fees to obtain the certificates and documents necessary to process the inheritance. The price will vary depending on the assets and the situation of the heirs. The expenses to face when accepting an inheritance in Spain can be high depending on the type and amount of assets and the situation of the inheritance and the heirs. The main payments are derived from the professionals involved in the procedure, taxes and the Land Registry.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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